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MATTER OF ELIAS v. ARTISTIC PAPER BOX

29 A.D.2d 118 (1967)

In the Matter of David Elias, Respondent, v. Artistic Paper Box Co., Inc., et al., Appellants Charles S. Greene, for Himself and All Other Shareholders, Similarly Situated, Appellant, v. Artistic Paper Box Corp., Appellant, and David Elias, Respondent

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

December 29, 1967.

Attorney(s) appearing for the Case

Schwager, Landau & Krantz (Louis Scher, Irwin Krantz and Hamilton Lieb of counsel), for appellants.

Edward Vogel for respondent.

BELDOCK, P. J., CHRIST, BRENNAN and HOPKINS, JJ., concur.

SAMUEL RABIN, J.

The principal question presented is whether it was proper for Special Term to consolidate an action with a special proceeding. A subsidiary question involves the right to conduct an examination before trial in a stockholders' derivative action.

The facts are not in dispute. On May 1, 1963, Charles S. Greene, David Elias and two others, as the sole stockholders of Artistic Paper Box Co...

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