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ROSENFELD v. HOTEL CORP. OF AM.

20 N.Y.2d 25 (1967)

Helen Rosenfeld et al., Respondents, v. Hotel Corporation of America et al., Defendants, and Gertrude V. Burg et al., as Executors of A. S. Burg, Deceased, Appellants.

Court of Appeals of the State of New York.

Decided May 25, 1967.

Attorney(s) appearing for the Case

Thomas R. Newman and Richard Goldman for Gertrude V. Burg and others, executors, appellants.

Seymour H. Bucholz and Herman Odell for respondents.

Chief Judge FULD and Judges VAN VOORHIS, SCILEPPI, BERGAN and KEATING concur; Judge BREITEL taking no part.

BURKE, J.

The principal issue in this stockholders' derivative action involves the substitution as defendants of the deceased nonresident defendant's executors pursuant to CPLR 1015 (subd. [a]), and the constitutionality of our courts' obtaining in personam jurisdiction over the substituted nonresident executors. The facts insofar as they are relevant are brief. The suit is brought by more than 90 stockholders...

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