MATTER OF McKAY v. TELEPROMPTER CORP.


17 A.D.2d 299 (1962)

In the Matter of David McKay et al., Individually and as Stockholders of Teleprompter Corporation, Respondents-Appellants, v. Teleprompter Corporation, Appellant-Respondent. (Two Proceedings.)

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

November 27, 1962.


Attorney(s) appearing for the Case

Max Freund of counsel (Harold S. Levy and William I. Weisberg with him on the brief; Rosenman Colin Kaye Petschek & Freund, attorneys), for respondents-appellants.

David Z. Rosensweig of counsel (Katz, Moselle & Schier, attorneys), for appellant-respondent.

BREITEL, J. P., RABIN, VALENTE and STEUER, JJ., concur.


STEVENS, J.

These are appeals and cross appeals from orders entered September 26, 1962, which (1) denied a motion to dismiss a proceeding instituted by a petition dated July 19, 1962, and (2) granted a motion to dismiss a proceeding instituted by petition dated July 26, 1962, on the ground that such proceeding was unnecessary. For convenience the appeals and cross appeals are discussed together.

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