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SARNER v. SARNER

62 N.J. Super. 41 (1960)

162 A.2d 117

MAURICE SARNER AND LEONARD SARNER, AS STOCKHOLDERS OF LINWOOD PARK, INC., SECTIONS 1 TO 13, INCLUSIVE, EACH A CORPORATION OF THE STATE OF NEW JERSEY, ET AL., PLAINTIFFS-RESPONDENTS, v. SIDNEY SARNER, INDIVIDUALLY AND AS AN OFFICER AND DIRECTOR OF LINWOOD PARK, INC., SECTIONS 1 TO 13, INCLUSIVE, EACH A CORPORATION OF THE STATE OF NEW JERSEY, ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 6, 1960.

Attorney(s) appearing for the Case

Mr. Ward J. Herbert argued the cause for defendants-appellants (Messrs. Back, Nussman and Rose and Mr. Aaron W. Nussman, attorneys).

Mr. Walter D. Van Riper argued the cause for plaintiffs-respondents (Messrs. Van Riper and Belmont, attorneys).

Before Judges GOLDMANN, CONFORD and FREUND.

The opinion of the court was delivered by CONFORD, J.A.D.

Sidney Sarner is sued in this action by his younger brothers, Maurice Sarner and Leonard Sarner, each of whom holds a 10% stock interest in some 18 real estate corporations in Bergen County, Sidney owning the remainder. They contend that Sidney has misused his position as majority stockholder and dominant officer of the corporations to his private advantage. In that aspect their action is brought in a capacity...

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