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PLATT CORP. v. PLATT

41 Misc.2d 435 (1963)

Platt Corporation, Plaintiff, v. Ronald L. Platt et al., Defendants.

Supreme Court, Special Term, New York County.

December 9, 1963

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison (Martin Kleinbard and Gerald D. Stern of counsel), for Ronald L. Platt and another, defendants. Javits, Trubin, Sillcocks, Edelman & Purcell (Charles R. Bergoffen and Stephen Mann of counsel), for plaintiff. Nathaniel Rothstein for Theodore Ellenoff, defendant. Mendes & Mount for Robert E. Schulman and another, defendants. Goldman & Drazen for Jerome Adler, defendant.

FRANCIS X. CONLIN, J.

Defendants Platt and Ross move for dismissal of the complaint upon the ground that plaintiff has not legal capacity to sue and the complaint is legally insufficient. Defendant Adler by cross motion joins in the application. Plaintiff and Adson Industries, Inc., engaged in an agreement of merger on April 23, 1963. This action was instituted by virtue of that agreement. There was a superseding...

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