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GEARING v. KELLY

15 A.D.2d 477 (1961)

Ethel C. Gearing et al., Individually and as Stockholders of Radium Chemical Company, Inc., Respondents, v. Joseph A. Kelly et al., Appellants

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

December 19, 1961

Order for examination before trial entered on May 31, 1961, reversed on the law and on the facts, with $20 costs and disbursements to appellants and motion denied.

In a stockholder's derivative action a plaintiff must show both special circumstances and factual evidence to support his allegations (Brush v. Brittain, 10 A.D.2d 574). No special circumstances are shown. While the physical condition of Kelly, Sr., might warrant...

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