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BLUMENTHAL v. ALLEN

46 Misc.2d 688 (1965)

Abraham Blumenthal, Plaintiff, v. Wyeth Allen et al., Defendants.

Supreme Court, Special Term, New York County.

April 28, 1965

Attorney(s) appearing for the Case

Nemser & Nemser (Stanley Nemser of counsel), and Unterberg & Unterberg (David Unterberg of counsel), for plaintiff. Irving C. Nachbar for Allied Public Relations, Inc., and others, defendants. Alvin Borden for Clinton Engines Corporation, defendant. Irving Klein for Allen Bruce & Mitchell, Inc., and another, defendants.

MATTHEW M. LEVY, J.

This is a consolidated stockholder's derivative action with Clinton Engines Corporation, a Michigan company, the beneficiary of the suit and a named defendant therein. Three motions have been made (one by Clinton and the others by separate defendants) to dismiss the complaint because of lack of jurisdiction of this court over the person of this corporate defendant. Invoking CPLR 320 (subd. [b]) and 3211 (subd. [a], par. 8), Clinton...

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