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LEIBERT v. CLAPP

13 N.Y.2d 313 (1963)

Kenneth V. Leibert, Appellant, v. Roger T. Clapp et al., Respondents.

Court of Appeals of the State of New York.

Decided December 30, 1963.

Attorney(s) appearing for the Case

Gustave B. Garfield for appellant.

Frank A. Fritz, Jr., for respondents.

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

FULD, J.

The plaintiff, a minority stockholder of Automatic Fire Alarm Company (of New York) — referred to as AFANY — sues on behalf of himself and all other minority stockholders similarly situated to compel the directors of that corporation to bring proceedings to effect its dissolution. The defendants moved to dismiss the amended complaint on the ground that it fails to state a cause of action...

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