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FONTHEIM v. FRENCH INVESTING CO.

13 Misc.2d 620 (1958)

Kurt Fontheim, Plaintiff, and Charles Kimmelman et al., Intervenors, v. Fred F. French Investing Company, Inc., et al., Defendants. George Hubner, Jr., Individually and as Executor of George Hubner, Deceased, Plaintiff, v. Irving S. Broun et al. Defendants.

Supreme Court, Special Term, New York County.

June 3, 1958.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison for Fred F. French Investing Company, Inc., defendant.

Max J. Rubin for individual defendants.

Albert W. Fribourg for plaintiffs.

Edward Garfield for Kurt Fontheim, plaintiff.

Sperry, Weinberg & Ruskay for George Hubner, Jr., plaintiff.

McLaughlin & Stern for plaintiffs-intervenors.

THOMAS A. AURELIO, J.

The defendants move for judgment dismissing the separate amended complaints on the ground that plaintiffs and plaintiffs-intervenors have unreasonably neglected to proceed in these actions and because plaintiff Hubner does not have legal capacity to sue. Plaintiffs and plaintiffs-intervenors cross-move for an order restoring the case to the calendar for trial.

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