GILBERT v. BURNSIDE


6 A.D.2d 834 (1958)

Samuel Gilbert, as Stockholder of Glen Alden Corporation, Suing on Behalf of Himself and All Other Stockholders, Respondent, v. Frank Burnside et al., Defendants, and List Industries Corporation et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 30, 1958


Order modified (1) by striking therefrom the first ordering paragraph and by substituting therefor a provision dismissing the complaint for failure to state facts sufficient to constitute a cause of action, and (2) by striking therefrom the third ordering paragraph and by substituting therefor a provision that the motion for an injunction pendente lite is denied. As so modified, order insofar as appealed from affirmed, with $10 costs and disbursements to appellants...

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