STEINBERG v. ALTSCHULER


21 A.D.2d 779 (1964)

Rose L. Steinberg et al., Respondents, and Harry Lewis et al., Intervenors-Respondents, v. Richard W. Altschuler et al., Appellants, and Republic Pictures Corporation, Defendant-Respondent, et al., Defendants

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

June 25, 1964


Order, entered on May 1, 1964, denying defendants' motion to dismiss for lack of prosecution, unanimously reversed, on the law and the facts and as a matter of discretion, with $20 costs and disbursements to appellants and the motion granted, with $10 costs.

This stockholders' derivative action was begun in 1954. The last step taken was the completion of an examination before trial of the plaintiffs in January, 1961. The affidavit of merits, the correspondence between...

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