SUCHER v. RADIANT BRIAR PIPE CO.


27 Misc.2d 428 (1960)

Philip Sucher, Individually and as Stockholder of Radiant Briar Pipe Co., Inc., Suing on Behalf of Himself and All Other Stockholders of Radiant Briar Pipe Co., Inc., Similarly Situated and in the Right of Radiant Briar Pipe Co., Inc., Plaintiff, v. Radiant Briar Pipe Co., Inc., et al., Defendants.

Supreme Court, Special Term, Kings County.

December 29, 1960


Attorney(s) appearing for the Case

Schleimer & Rubin for defendants. Eugene C. Greenwald for plaintiff.


BENJAMIN BRENNER, J.

Defendants in a stockholders' action move to dismiss the complaint under rule 106 of the Rules of Civil Practice, for insufficiency.

The gist of plaintiff's action is that the individual defendants, in their capacities as corporate officers and majority directors, have conspired to defraud the defendant corporation of its property and to convert such property to themselves. In substantiation...

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