BORDEN v. GUTHRIE


42 Misc.2d 879 (1964)

Leon E. Borden, Plaintiff, v. W. D. Guthrie et al., Defendants.

Supreme Court, Special Term, New York County.

March 16, 1964


Attorney(s) appearing for the Case

Hall, Casey, Dickler & Howley (John Howley of counsel), for Roosevelt Raceway, Inc., defendant.


ABRAHAM N. GELLER, J.

This ex parte application by defendant corporation to discontinue with prejudice to plaintiff a shareholders' derivative action against two of the five defendants served, predicated on a stipulation signed by all the attorneys for said parties, including the attorney for plaintiff shareholder, is denied.

The application is made by the corporation for the stated purpose of saving...

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