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GITTLEMAN v. DOYLE

21 Misc.2d 834 (1959)

Hyman Gittleman et al., Suing on Behalf of Themselves and All Other Stockholders of Canadian Javelin Limited Similarly Situated, and on Behalf of the Said Canadian Javelin Limited, Plaintiffs, v. John C. Doyle et al., Defendants.

Supreme Court, Special Term, New York County.

October 27, 1959.

Attorney(s) appearing for the Case

Rosenman Goldmark Colin & Kaye (Andrew J. Schoen and Milton M. Rulnick of counsel), for plaintiffs.

Arthur H. Christy and Francis T. Christy for John C. Doyle, defendant.

Diamond & Golomb (Irving L. Golomb and Leo Kuperschmid of counsel), for Harold Le Brock and others, defendants.

OWEN McGIVERN, J.

In this stockholders' derivative action, certain of the defendants move to dismiss the complaint, or portions thereof upon the ground that plaintiffs were not stockholders at the time of the acts of which complaint is made.

The complaint specifically alleges that each plaintiff complains only of acts occurring since he became a stockholder. The plaintiff Gittleman alleges he became a stockholder January 14, 1955. While his record...

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