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GLUCK v. UNGER

25 Misc.2d 554 (1960)

Maxwell H. Gluck, as a Stockholder of H. L. Green Company, Inc., Plaintiff, v. Joseph H. Unger et al., Individually and as Directors of H. L. Green Company, Inc. et al., Defendants.

Supreme Court, Special Term, New York County.

May 31, 1960.

Attorney(s) appearing for the Case

Milbank, Tweed & Hadley (A. Donald MacKinnon and Rebecca M. Cutler of counsel), for Joseph H. Unger and others, defendants. Samet & Goldberg (L. Reyner Samet of counsel), for H. L. Green Co., Inc., defendant. Royall, Koegel, Harris & Caskey (Frank C. Fisher, William F. Koegel and David F. Dobbins of counsel), for Joseph d'Assern, defendant. Alfange & Friedman for plaintiff.

IRVING H. SAYPOL, J.

The defendants Unger, Freed, Tofel, Nicely and Ebbott move for an order dismissing the complaint, pursuant to section 61 of the General Corporation Law and for failure to state facts sufficient to constitute a cause of action, and in any event, striking from the complaint those allegations relating to transactions not shown to have occurred prior to the time when plaintiff became a stockholder...

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