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SYRACUSE TEL. v. CHANNEL 9

51 Misc.2d 188 (1966)

Syracuse Television, Inc., Plaintiff, v. Channel 9, Syracuse, Inc., et al., Defendants.

Supreme Court, Special Term, Onondaga County.

July 27, 1966

Attorney(s) appearing for the Case

Egbert L. Wildman, Jr., for plaintiff. MacKenzie, Smith, Lewis, Michell & Hughes (Jay W. Wason of counsel), for T. Frank Dolan, Jr., and others, defendants. Alderman & Alderman (Saul H. Alderman of counsel), for Channel 9, Syracuse, Inc., defendant. A. Solomon Menter and John A. Van Etten for Floyd Smith, defendant. Alan J. Goldberg for Jeff B. Davidson, defendant.

RICHARD D. SIMONS, J.

This is a motion pursuant to CPLR 3211 (subd. [a], par. 7) made by the defendants to dismiss the complaint as to each of them for failure to state a cause of action.

The plaintiff sues derivately on behalf of itself and other similarly situated shareholders of the defendant Channel 9, Syracuse, Inc. Plaintiff is and has been since September, 1962 the owner of 15 shares of the defendant...

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