WILLIAMS v. BARTELL


16 A.D.2d 21 (1962)

James D. Williams, Individually and as a Stockholder of Macfadden Publications, Inc., and as a Representative of All Other Stockholders Similarly Situated, Appellant, v. Gerald A. Bartell et al., Respondents, et al., Defendants Henry Lieferant et al., Individually and for the Benefit of All Other Stockholders Similarly Situated of Macfadden Publications, Inc., Appellants, v. Gerald A. Bartell et al., Respondents

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

March 1, 1962.


Attorney(s) appearing for the Case

Walter H. Liebman of counsel (Lester C. Migdal, Herbert Robinson, Warren S. Tenney and Julian S. Perlman with him on the brief; Liebman, Eulau & Robinson; Migdal, Low & Tenney, attorneys), for James D. Williams, appellant.

Samuel Gottlieb of counsel (Louis A. Tepper, Milton Levitan and Harry Giesow with him on the brief; Gainsburg, Gottlieb, Levitan & Cole, attorneys), for Henry Lieferant and others, appellants.

Norman Moloshok of counsel (Harold I. Kahen, Robert W. Berend and Roger W. Wilkins with him on the brief; Delson, Levin & Gordon, attorneys), for Macfadden Publications, Inc., respondent.

Bernard Buchwald of counsel (Bernard Nadel with him on the brief; Buchwald, Nadel & Lippman, attorneys), for Frederick A. Klein, respondent.

Joseph E. McMahon for Gerald A. Bartell and another, respondents.

EAGER and STEUER, JJ., concur with McNALLY, J.; BERGAN, J., dissents in opinion in which BREITEL, J. P., concurs.


McNALLY, J.

The appeals are consolidated and disposed of as follows:

The orders dated February 9, 1962 and February 13, 1962 are modified, on the law and on the facts, without costs, and the motions for injunctions pendente lite granted to the extent of restraining defendants-respondents Macfadden Publications, Inc. (hereinafter referred to as Macfadden...

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