LAIT v. LEON


37 Misc.2d 800 (1962)

Victor S. Lait et al., Individually and as Stockholders of Data-Guide, Inc., Suing on Behalf of Themselves and All Other Stockholders of Data-Guide, Inc., Similarly Situated and in the Right of Data-Guide, Inc., Plaintiffs, v. Joseph L. Leon et al., Defendants.

Supreme Court, Special Term, Queens County.

December 7, 1962


Attorney(s) appearing for the Case

Robert B. Marcus for plaintiffs. Halpern & Rothman (Jessel Rothman of counsel), for defendants.


NICHOLAS M. PETTE, J.

In this stockholders' derivative action, the defendants have made a six-prong motion directed to the amended complaint served herein.

The first branch of the motion seeks to dismiss each and every cause of action and the amended complaint in its entirety on the ground of res judicata.

The defendants contend that heretofore in an order dated July 6, 1962, this court...

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