VAN AALTEN v. MACK


7 A.D.2d 289 (1959)

Gertrude Van Aalten et al., Respondents, v. Walter S. Mack et al., Defendants, and Matthew M. Fox et al., Appellants

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

February 24, 1959.


Attorney(s) appearing for the Case

Herbert J. Brown of counsel (Aranow, Brodsky, Bohlinger, Einhorn & Dann, attorneys for Matthew M. Fox and another; Margulies & Heit, attorneys for Guild Films Co., Inc., and another), for appellants.

Milton Paulson for respondents.

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


Per Curiam.

Defendants in a consolidated stockholders' derivative action appeal from an order granting in part plaintiffs' motion for their examination before trial.

Rule XI of the New York County Supreme Court Trial Term Rules, while reiterating the requirement of a showing of special circumstances in order to obtain an examination before trial in stockholders' derivative actions, avowedly did not purport to...

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