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DAL-TRAN SERV. v. FIFTH AVE. COACH

14 A.D.2d 349 (1961)

Dal-Tran Service Company, Respondent, and Jacob Harmatz, Intervenor-Respondent, v. Fifth Avenue Coach Lines, Inc., et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

October 24, 1961.

Attorney(s) appearing for the Case

David W. Peck of counsel (Sullivan & Cromwell, attorneys), for Fifth Avenue Coach Lines, Inc., and another, appellants.

Milton Pollack for Gray Line Motor Tours, Inc., appellant.

Roy M. Cohn of counsel (John A. Kiser, Albert A. Blinder, Lawrence I. Weisman, Joel S. Stern and Stephen Hochhauser with him on the brief; Saxe, Bacon & O'Shea, attorneys), for respondent.

Murray Gottesman for intervenor-respondent.

Murray I. Gurfein of counsel (Milton M. Rulnick with him on the brief; Goldstein, Judd & Gurfein, attorneys), for Jerry Finkelstein and another, amici curiæ.

BREITEL, J. P., EAGER, STEUER and NOONAN, JJ., concur.

STEVENS, J.

This is an appeal from a judgment, entered after trial, which (1) nullified the election of directors at an annual stockholders' meeting and directed a special meeting for another election under supervisors named by the court; (2) declared invalid the voting trust agreement between Fifth Avenue Coach Lines, Inc., and Bankers Trust Company, dated December 15, 1957, and the amendment thereto dated November...

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