KAUFMAN v. BAKER


11 A.D.2d 1013 (1960)

Albert Kaufman et al., Suing on Behalf of Themselves and All Other Stockholders Similarly Situated and on Behalf of Merritt-Chapman & Scott Corporation et al., Respondents, v. Robert C. Baker et al., Appellants, et al., Defendants

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

October 25, 1960


Orders, entered June 22, 1960, denying defendants-appellants' motion for a stay in a stockholders' derivative action affirmed, with $20 costs and disbursements to the respondents.

MEMORANDUM BY THE COURT.

While the question is a close one, it is deemed the better exercise of discretion to allow the continuance of the New York action, despite the pendency of the Delaware action. There is the fact of different classes of plaintiffs, differently situated, in...

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