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SCHMITH v. FORNANDER

26 Misc.2d 339 (1960)

Herman Schmith, Plaintiff, v. Henry Fornander et al., Defendants. (Action No. 1.) Henry Fornander, Plaintiff, v. Rose Schmith et al., as Executors of Herman Schmith, Deceased, Defendants. (Action No. 2)

Supreme Court, Trial Term, Bronx County.

March 25, 1960

Attorney(s) appearing for the Case

William J. Williams for Alfred Ekelman, defendant in Action No. 1. Lynch, McManus & Brust (Milton Kail of counsel), for Henry Fornander, defendant in Action No. 1 and plaintiff in Action No. 2. Sugarman, Kuttner & Fuss (Howard L. Kuttner and Eugene L. Sugarman of counsel), for Rose E. Schmith and another, defendants in Action No. 2.

MORRIS E. SPECTOR, J.

Two actions are being tried jointly. One action is by Herman Schmith against Henry Fornander and Alfred Ekelman, seeking a declaratory judgment that a stockholders' agreement entered into between the parties on June 1, 1948 is null and void on the ground of "frustration". The other action is by Henry Fornander against Rose Schmith and Abraham I. Schmith, executrix and executor, respectively...

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