SCHALER v. FEDER


16 Misc.2d 668 (1959)

Frank Schaler et al., Plaintiffs, v. Herman W. Feder et al., Defendants.

Supreme Court, Special Term, New York County.

January 30, 1959.


Attorney(s) appearing for the Case

Manuel Maxwell for Herman W. Feder, defendant.

Frankenthaler & Kohn for Arthur Gottlieb, defendant.

Jay A. Gilman for plaintiffs.


ARON STEUER, J.

The suit, in form, is a stockholder's derivative action. The corporation has not been joined as a party and defendants move to require plaintiffs to join it and to stay proceedings until they do. The corporation is ordinarily a necessary party and the relief asked for is appropriate (Carruthers v. Waite Mining Co., 306 N.Y. 136). However the corporation...

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