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CHRISTIE v. FIFTH MADISON CORP.

24 Misc.2d 296 (1960)

Madge Christie et al., Individually and as Class a Stockholders on Behalf of Themselves and All Other Class a Stockholders of Fifth Madison Corporation Similarly Situated, Plaintiffs, and Frances Zauderer, Intervening Plaintiff, v. Fifth Madison Corporation et al., Defendants.

Supreme Court, Special Term, New York County.

January 18, 1960.

Attorney(s) appearing for the Case

Hoffman Buchwald, Nadel, Cohen & Hoffman (Bernard Buchwald, Bernard Nadel, Edmund B. Hennefeld of counsel), for Madge Christie and another, plaintiffs.

Delafield, Hope, Rich, Linker & Blanc (Eugene Blanc, Jr., of counsel), for Fifth Madison Corporation and another, defendants.

Bijur & Hertz (Harry Bijur of counsel), for Frances M. Purdy and another, as executrices of Herbert McL. Purdy, deceased, defendants.

Simpson, Thacher & Bartlett (William J. Granger of counsel), for Manufacturers Trust Company, defendant.

McLaughlin & Stern (Stephen S. Bernstein and James H. Powell of counsel), for Frances Zauderer, intervening plaintiff.

JACOB MARKOWITZ, J.

After the trial of action No. 2 had commenced, a Referee was appointed to take testimony and report as to a proposed settlement of that action and also of action No. 1 which, though not yet on the Trial Calendar, was included in the proposed settlement. For the purposes of the reference, both actions were consolidated. The Referee's report disapproving the proposed settlement was confirmed...

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