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AMDUR v. MEYER

17 A.D.2d 571 (1963)

Jack Amdur et al., Appellants, v. Malcolm Meyer et al., Defendants, and Bestwall Gypsum Company, Respondent

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

January 29, 1963.

Attorney(s) appearing for the Case

Philip Mandel of counsel (Golden, Wienshienk, Rosenthal & Mandel with him on the brief; Louis C. Fieland, attorney), for appellants.

Robert S. Groban of counsel (Martin Novack with him on the on the brief; Groban & Rava, attorneys), for respondent.

BOTEIN, P. J., and BREITEL, J., concur with STEUER, J.; EAGER, J., dissents in opinion in which VALENTE, J., concurs.

STEUER, J.

In this stockholders' derivative action plaintiffs appeal from an order of Special Term granting the corporate defendant's motion requiring plaintiffs to post security for costs. Important considerations are the status of the action at the time the application was made to Special Term and the history of the applications for similar relief by the corporate defendant. As to the status of the action,...

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