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SCHWARTZ v. ROSENTHAL

10 Misc.2d 85 (1958)

Milton Schwartz et al., Plaintiffs, v. Richard L. Rosenthal et al., Defendants.

Supreme Court, Special Term, New York County.

January 28, 1958.

Attorney(s) appearing for the Case

Marshall, Bratter, Greene, Allison & Tucker (Warren S. Tenney and Edgar J. Nathan, III, of counsel), and Hoffman, Buchwald, Nadel, Cohen & Hoffman for plaintiffs.

Jesse Climenko and Marvin I. Shelton for New York Water Service Corp., defendant.

Fowler Hamilton and George Weiss for Richard L. Rosenthal and others, defendants.

HENRY CLAY GREENBERG, J.

Defendants move to dismiss for insufficiency the complaint in this minority stockholders' derivative action or, alternatively, to strike certain paragraphs therefrom. Plaintiffs seek to set aside an agreement made in 1956 between the corporation and its president, and approved by the board of directors, whereby the corporation placed in escrow the sum of $372,256 (the equivalent of $1...

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