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TOMASELLO v. TRUMP

30 Misc.2d 643 (1961)

William Tomasello, as a Stockholder of, and on Behalf of All Stockholders Similarly Situated, and on Behalf of Beach Haven Apartments No. 1, Inc., and Others, et al., Plaintiffs, v. Fred C. Trump et al., Defendants.

Supreme Court, Special Term, Queens County.

June 14, 1961

Attorney(s) appearing for the Case

Friedman & Friedman (Hyman R. Friedman and Michael L. Friedman of counsel), for plaintiffs. Halperin Natanson Shivitz Scholer & Steingut for Fred C. Trump and others, defendants. Lindenbaum & Young for Beach Haven Apartments, No. 1, Inc., and other defendants.

HAROLD TESSLER, J.

This is a stockholders' derivative action for waste and to compel the declaration of dividends in 10 parent corporations, in each of which plaintiff [Tomasello] owns 25% and the defendant Fred C. Trump 75% of the capital stock.

The defendants' motion is addressed to the second amended complaint in which the first 10 causes of action are for various wrongs allegedly committed by the...

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