CASE v. NEW YORK CENT. R. R. CO.


16 Misc.2d 568 (1959)

Gertrude E. Case et al., as Trustees of Theodore W. Case, Deceased, et al., Plaintiffs, v. New York Central Railroad Company et al., Defendants.

Supreme Court, Special Term, New York County.

January 22, 1959.


Attorney(s) appearing for the Case

Irving Abramson, Melvin Warshaw and Everett Lewis for plaintiffs.

Gerald E. Dwyer, James L. More and Jerome H. Shapiro for New York Central Railroad Company and others, defendants.


HENRY CLAY GREENBERG, J.

Motion is instituted by the defendants, under rule 106 of the Rules of Civil Practice, to dismiss the amended complaint upon the grounds (1) that said amended complaint does not state facts sufficient to constitute a cause of action, and (2) that the court does not have jurisdiction of the subject of the action.

The complaint is bottomed as a derivative stockholders' suit, plaintiffs...

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