SCHWARTZ v. GREENE


16 Misc.2d 537 (1959)

Sidney Schwartz, Plaintiff, v. David J. Greene et al., Defendants.

Supreme Court, Trial Term, New York County.

February 18, 1959.


Attorney(s) appearing for the Case

Louis C. Fieland for plaintiff.

Pomerantz, Levy & Haudek (Abraham L. Pomerantz of counsel), for David J. Greene, defendant.

William F. Whitman for List Industries, Inc., defendant.


SAMUEL M. GOLD, J.

Motion by defendant to restore this action to the calendar. This is a stockholder's derivative action. The note of issue was filed for the December 1958 Term by the moving defendant on November 17, 1958. The action appeared for the first time on the Reserve Calendar of January 19, 1959, and was marked off for the failure of both sides to answer the call. The defendant's attorney states his...

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