GLUCK v. ROSENSTIEL


25 A.D.2d 838 (1966)

Nat Gluck, Appellant, v. Lewis S. Rosenstiel et al., Respondents, et al., Defendants

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

May 17, 1966


Order and judgment granting defendants-respondents summary judgment pursuant to CPLR 3212, in stockholders' derivative action, unanimously reversed on the law, with $50 costs and disbursements to abide the event, the judgment vacated and motion for summary judgment denied, without prejudice, however, to renewal of the motion on fuller papers or following examination before trial of defendants-respondents, if such examinations should be obtained.

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