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MARKEWICH v. NEWBERG

27 Misc.2d 1040 (1960)

Robert Markewich, a Stockholder of Chrysler Corporation, in His Own Behalf and in Behalf of All Other Stockholders of Chrysler Corporation Similarly Situated, and in Behalf of and for the Benefit of Chrysler Corporation, Plaintiff, v. William C. Newberg et al., Defendants.

Supreme Court, Special Term, New York County.

November 23, 1960

Attorney(s) appearing for the Case

Liebman, Eulau & Robinson (Herbert Robinson, Bertram A. Abrams and Samuel Beck of counsel), for plaintiff. Kelley, Drye, Newhall & Maginnes (Francis S. Bensel, Robert Ehrenbard and Bud G. Holman of counsel), for Paul C. Ackerman and others, defendants. Milton Pollack for Chrysler Corporation, defendant.

OWEN McGIVERN, J.

Motion for examination before trial to frame a complaint is denied.

All parties are agreed that the relief requested may be granted only if plaintiff shows that he in fact has a cause of action, and that such relief is denied where it appears that plaintiff is merely seeking to ascertain whether facts existed to create a cause of action...

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