GABRIEL IND. v. DEFIANCE IND.


22 N.Y.2d 405 (1968)

Gabriel Industries, Inc., Respondent, v. Defiance Industries, Inc., Appellant, and Lionel Corporation, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 1, 1968.


Attorney(s) appearing for the Case

Myron J. Greene, Martin Greene and Howard R. Udell for appellant.

Norman S. Nemser, Mortimer A. Shapiro, Stanley Nemser and Martin A. Coleman for Gabriel Industries, Inc., respondent.

Judges BURKE, SCILEPPI, BERGAN, KEATING and JASEN concur; Judge BREITEL taking no part.


Chief Judge FULD.

This is a stockholder's derivative action on behalf of the Lionel Corporation. In Matter of Caplan v. Lionel Corp. (14 N.Y.2d 679, affg. 20 A.D.2d 301), Defiance Industries, Inc., the defendant before us, was held to have illegally sold control of the board of directors of Lionel to A. M. Sonnabend. Defiance accomplished...

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