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GREENBAUM v. AMER. METAL CLIMAX

27 A.D.2d 225 (1967)

Irving Greenbaum et al., Respondents, v. American Metal Climax, Inc., et al., Appellants, et al., Defendants

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

March 21, 1967.

Attorney(s) appearing for the Case

Michael A. Cooper of counsel (Roger L. Waldman with him on the brief; Sullivan & Cromwell, attorneys), for appellants.

Stanley I. Schachter of counsel (Matalon & Schachter, attorneys), for respondents.

BOTEIN, P. J., STEVENS, STEUER and TILZER, JJ., concur.

EAGER, J.

Certain of the defendants appeal from an order denying their motion for summary judgment. The action is brought by stockholders of a close corporation ("Eastern") which is engaged in the business of production, sale and installation of precast architectural concrete products used in building construction. The plaintiffs, as owners of 11.8% of the common stock of Eastern, bring the action individually...

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