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RUBINFELD v. MAPPA

24 A.D.2d 489 (1965)

Mayer Rubinfeld, Appellant, v. Baruch Mappa et al., Respondents

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

June 14, 1965

Order affirmed, with $10 costs and disbursements.

No opinion.

Benjamin, J., concurs in the result, with the following memorandum:

The intervening rights of subsequent innocent purchasers for value renders moot the remedy afforded by a lis pendens. In my opinion, however, a lis pendens may properly be filed in a derivative stockholder's action (such as the one at bar) if the relief sought comes within the provisions of the...

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