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NEWMAN v. BALDWIN

13 Misc.2d 897 (1958)

Richard R. Newman et al., Plaintiffs, v. Joseph C. Baldwin et al., Defendants.

Supreme Court, Special Term, New York County.

May 26, 1958.

Attorney(s) appearing for the Case

Rosenman, Goldmark, Colin & Kaye for United Dye Chemical Corporation and another, defendants.

Lewinson, Lewinson & Fieland (Louis C. Fieland of counsel), for Richard R. Newman, plaintiff.

OWEN McGIVERN, J.

Defendant United Dye & Chemical Corporation moved to dismiss the consolidated complaint in this stockholders' derivative action solely on the grounds (1) that, since the corporation in whose right this action is brought is a Delaware corporation, Delaware law governs the question of whether it was necessary to allege demand on the stockholders that the action be brought, (2) that Delaware...

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