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MILLER v. O. MILLER & SONS

20 Misc.2d 945 (1959)

Murray Miller, Individually and as a Stockholder in Behalf of O. Miller & Sons, Inc., Plaintiff, v. O. Miller & Sons, Inc. et al., Defendants.

Supreme Court, Special Term, New York County.

November 18, 1959.

Attorney(s) appearing for the Case

Murray K. Parker for defendants.

Palmer, Masia & Palmer for plaintiff.

OWEN McGIVERN, J.

Defendants move to dismiss the complaint, for summary judgment, and for an order vacating the notice of examination.

The action itself is based on the allegations of a derivative stockholder that another stockholder withdrew money from the corporation without consideration and in a manner unauthorized, improper and illegal. Defendants have denied the material allegations of the complaint and as an affirmative defense, have pleaded...

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