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PEOPLE v. B. C. ASSOCS.

22 Misc.2d 43 (1959)

The People of the State of New York, Plaintiff, v. B. C. Associates, Inc., Fred Darwin, and Harold Turkish, Defendants.

Supreme Court, Special Term, New York County.

October 21, 1959.

Attorney(s) appearing for the Case

Eisman, Lee, Corn, Sheftel & Bloch (J. N. Bloch of counsel), for defendants.

Louis J. Lefkowitz, Attorney-General (John R. Lewis of counsel), for plaintiff.

HENRY CLAY GREENBERG, J.

Defendants move to vacate the ex parte order granting leave to the Attorney-General to bring this action for the annulment of the corporate defendant's charter, and upon such vacatur, to dismiss the complaint against all the defendants by reason of the resultant lack of capacity to sue. The individual defendants move in addition to dismiss the complaint as against them for insufficiency pursuant to subdivision 4 of rule 106 of...

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