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RUBIN v. OBOLER

9 A.D.2d 958 (1959)

Irving Rubin, Individually, and as a Stockholder of Atlantic & Pacific Wire & Cable Co., Inc., Suing in Behalf of Himself and for the Benefit of Said Corporation and All Other Stockholders of Said Corporation, Respondent, v. Martin Oboler et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 31, 1959

Order entered September 3, 1958 and order and judgment (one paper) entered April 20, 1959 reversed, without costs, and motions to strike out the answers and for assessment of damages denied. Appeals from orders entered April 10, 1958, November 3, 1958 and May 12, 1959 dismissed, without costs, as academic.

It appears that the motion to strike out the answers was made pursuant to section 299 of the Civil Practice Act upon the ground that appellants had failed to produce...

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