STEINBERG v. ALTSCHULER


9 A.D.2d 211 (1959)

Rose L. Steinberg et al., Respondents, and Harry Lewis, Intervenor-Respondent, v. Richard W. Altschuler et al., Appellants, et al. Defendants

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

November 17, 1959.


Attorney(s) appearing for the Case

Lawrence R. Eno of counsel (Samuel I. Rosenman and Max Freund with him on the brief; Rosenman Goldmark Colin & Kaye, attorneys), for appellants.

Samuel Gottlieb of counsel (Harry Giesow and Murray L. Lewis with him on the brief; Leonard I. Schreiber, attorney), for respondents.

BREITEL, J. P., M. M. FRANK, VALENTE, McNALLY and STEVENS, JJ., concur.


Per Curiam.

This is a consolidated stockholders' derivative action based on two separate suits commenced in September, 1954 and March, 1955. The original consolidated complaint, served in April, 1955, was the subject of motions made by certain of the individual defendants under rules 90, 102, 103, 106 and 107 of the Rules of Civil Practice, resulting in a resettled order dated January 22, 1957 which (1) granted the...

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