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MOOK v. MERDINGER

14 Misc.2d 639 (1958)

Joseph Mook et al., Individually and as Stockholders of the American Fabrics Company, Suing on Behalf of Themselves and All Other Stockholders of the American Fabrics Company Similarly Situated, Plaintiffs, v. Harry Merdinger et al., Defendants.

Supreme Court, Special Term, New York County.

October 6, 1958.

Attorney(s) appearing for the Case

Roy M. Cohn and Thomas A. Bolan for plaintiffs.

Halperin, Natanson, Shivitz, Scholer & Steingut for Harry Merdinger and others, defendants.

JOSEPH A. GAVAGAN, J.

Plaintiffs move pursuant to rule 109 of the Rules of Civil Practice to strike the three counterclaims alleged in the answer of the defendants stated in the notice of motion, upon the grounds (1) that they do not state facts sufficient to constitute a cause of action, and (2) that they are not counterclaims which may be properly interposed in this action. They further seek to strike the...

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