HARMAN v. GRABOWETSKY


21 A.D.2d 862 (1964)

M. Lowell Harman, Suing as Director and Stockholder of and on Behalf of Lincoln Printing Company, Respondent, v. Samuel Grabowetsky et al., Individually and as Partners Doing Business under the Name of Pearl Bindery, et al., Appellants, and Lincoln Engraving and Printing Corporation et al., Respondents

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

July 2, 1964


Orders, entered May 20, 1964, denying the motions of defendants-appellants to dismiss the complaint for failure to prosecute pursuant to CPLR 3216, unanimously reversed, on the law, the facts, and in the exercise of discretion, with $20 costs and disbursements to appellants, and the motions to dismiss the complaint granted, with $10 costs.

In this January, 1961 director's derivative action seeking recovery for the nominal corporate defendant, a printing company, of...

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