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MARCO v. SACHS

25 Misc.2d 763 (1960)

Ida Marco, as Ancillary Administratrix of The Estate of Harry Marco, Deceased, a Stockholder in the Blue Ridge Corporation, on Behalf of Himself and All Other Stockholders Similarly Situated, and on Behalf of Said Blue Ridge Corporation, Plaintiff, v. Arthur Sachs et al., Defendants.

Supreme Court, Special Term, Kings County.

March 25, 1960.

Attorney(s) appearing for the Case

David M. Palley for plaintiff. Fennelly, Eagan, Nager & Lage for Blue Ridge Corporation and another, defendants. Sullivan & Cromwell for Walter E. Sachs and others, defendants.

JAMES S. BROWN, J.

This stockholder's derivative action was commenced in September, 1936 by Harry Marco (now deceased). In January, 1958 a judgment was entered dismissing the complaint because of the failure of the plaintiff, Ida Marco, as ancillary administratrix of the estate of said Harry Marco, to appear for examination before trial. That judgment was entered upon the order of Mr. Justice SCHWARTZWALD after...

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