TOMASELLO v. TRUMP


29 Misc.2d 713 (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, Plaintiff, v. Fred C. Trump et al., Defendants.

Supreme Court, Special Term, Queens County.

February 1, 1961


Attorney(s) appearing for the Case

Friedman & Friedman (Hyman R. Friedman and Michael L. Friedman of counsel), for plaintiff. Halperin Natanson Shivitz Scholer & Davidson for Fred C. Trump and others, defendants. Lindenbaum & Young (Harry H. Halperin, Samuel L. Scholer, Abraham M. Lindenbaum and Shirley R. Levittan of counsel), for Beach Haven Apartments, No. 1, Inc., and others, defendants.


ANTHONY M. LIVOTI, J.

The defendants have made a six-pronged motion directed to the amended complaint served on May 24, 1960, in purported compliance with the decision by Mr. Justice PETTE (22 Misc.2d 484) and the order thereon dated November 18, 1959.

Three causes of action were set forth in the original complaint. Two were derivative in character for alleged...

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