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MARCO v. SACHS

10 N.Y.2d 542 (1962)

Ida Marco, as Ancillary Administratrix of The Estate of Harry Marco, Deceased, a Stockholder in the Blue Ridge Corporation, on Behalf of Himself and All Other Stockholders Similarly Situated, and on Behalf of Said Blue Ridge Corporation, Appellant [William Marco, as Administrator, Substituted Appellant], v. Walter E. Sachs et al., Defendants-Respondents, and Blue Ridge Corporation et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided January 25, 1962.

Attorney(s) appearing for the Case

David M. Palley and Morris Gottlieb for Ida Marco, appellant.

Leo C. Fennelly for Blue Ridge Corporation and another, appellants.

Milton Pollack, Henry N. Ess, III, Francis E. Koch and Barry H. Singer for respondents.

Judges DYE, FROESSEL and VAN VOORHIS concur with Judge FOSTER; Chief Judge DESMOND dissents in an opinion in which Judges FULD and BURKE concur.

FOSTER, J.

Harry Marco (now deceased and represented by his administrator) commenced this stockholder's derivative action in 1936 against former directors of the nominal defendant Blue Ridge Corporation. Blue Ridge and its successor, Ridge Realization Corporation, though nominally defendants, appear to be real parties in interest in favor of plaintiff's cause. The individual...

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