LAZAR v. MERCHS.' NAT. PROPS.


45 Misc.2d 235 (1964)

Seymour Lazar, Plaintiff, v. Merchants' National Properties, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

April 14, 1964


Attorney(s) appearing for the Case

Schlesinger & Teller (Isidor E. Schlesinger and Jonathan L. Rosner of counsel), for Merchants' National Properties, Inc., defendant. Wachtel & Michaelson (Stanley L. Sklar of counsel), for McCrory Corporation, defendant. Marshall, Bratter, Greene, Allison & Tucker (Charles H. Miller and David Bernheim of counsel), for Leonard Marx, defendant. Weinstein & Levinson (Frank Weinstein, Irving Steinman and Samuel Weinstein of counsel), for plaintiff.


WILLIAM C. HECHT, JR., J.

Defendant Merchants' National Properties, Inc., moves for dismissal of each cause of action stated in the amended complaint on the ground that plaintiff lacks legal capacity to sue, and the causes of action are legally insufficient. The amended complaint supersedes the original complaint and is alone before the court. This is a derivative stockholders' suit. Plaintiff is a stockholder...

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