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GOTTDENKER v. PHILA. & READING CORP.

31 A.D.2d 152 (1968)

In the Matter of Manuel S. Gottdenker, Respondent, v. Philadelphia and Reading Corporation, Appellant

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

December 12, 1968.

Attorney(s) appearing for the Case

Howard I. Rhine of counsel (Sol Neil Corbin with him on the brief; Greenman, Zimet, Haines, Corbin & Goodkind, attorneys), for appellant.

Manuel S. Gottdenker, in person, of counsel (Arthur Stoll, attorney), for respondent.

EAGER and RABIN, JJ., concur with BOTEIN, P. J.; TILZER, J., dissents in opinion in which STEVENS, J., concurs.

BOTEIN, P. J.

Respondent is a corporation with — the figures being approximate — 3,000,000 outstanding shares of common stock held by 1,300 persons, and 240,000 outstanding shares of preferred stock held by 4,000 persons. Petitioner, who holds 100 shares of the common stock, brought this proceeding pursuant to section 624 of the Business Corporation Law, following an unsuccessful demand upon respondent...

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