MATTIELLO v. FLAGG


14 Misc.2d 597 (1958)

Maria Mattiello, as a Stockholder of Flagg-Utica Corporation, Plaintiff, v. Jewett T. Flagg et al., Defendants.

Supreme Court, Special Term, New York County.

July 23, 1958.


Attorney(s) appearing for the Case

Block & Block (Robert Block of counsel), for plaintiff.

Cravath, Swain & Moore (John R. Hupper and Grosvenor Blair of counsel), for defendants.


LOUIS J. CAPOZZOLI, J.

The plaintiff has brought an action seeking to invalidate a resolution of the stockholders of the corporate defendant authorizing disposition of the assets of the corporation on such terms as defendant directors shall determine and also asks a temporary injunction restraining defendants from acting pursuant to the above-mentioned resolution.

The basis of the plaintiff's claim is that the resolution adopted by the stockholders...

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