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CHRISTIE v. FIFTH MADISON CORP.

13 A.D.2d 43 (1961)

Madge Christie et al., Individually and as Class A Stockholders on Behalf of Themselves and All Other Class A Stockholders of Fifth Madison Corporation Similarly Situated, Respondents, and Frances Zauderer, Intervenor-Respondent, v. Fifth Madison Corporation et al., Appellants, and Manufacturers Trust Company, Respondent

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

March 14, 1961.

Attorney(s) appearing for the Case

Harry Bijur of counsel (Bijur & Herts, attorneys), for Frances M. Purdy and another, appellants.

Eugene Blanc, Jr., of counsel (Dorothy S. McCrea) with him on the brief; Delafield, Hope, Rich, Linker & Blanc, attorneys), for Fifth Madison Corporation and others, appellants.

Bernard Buchwald of counsel (Bernard Nadel, Edmund B. Hennefeld with him on the brief; Hoffman, Buchwald, Nadel, Cohen & Hoffman, attorneys), for Madge Christie and another, respondents.

Stephen S. Bernstein of counsel (James H. Powell with him on the brief; McLaughlin & Stern, attorneys), for intervenor-respondent.

BOTEIN, P. J., BREITEL, VALENTE and McNALLY, JJ., concur.

RABIN, J.

The appellants appeal from a judgment which declares "that 18,456 shares of Class A capital stock of the defendant, Fifth Madison Corporation, now on deposit with the defendant, Manufacturers Trust Company, are the sole and exclusive property of the defendant, Fifth Madison Corporation" and directs that such stock be turned over to the Fifth Madison Corporation. The judgment decrees that the Fifth Madison...

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