STULL v. STUDEBAKER CORP.


30 A.D.2d 527 (1968)

Lillian Stull, on Behalf of Herself as a Stockholder of Studebaker Corporation and in the Right of Studebaker Corporation, and on Behalf of All Other Stockholders Similarly Situated, Respondent, v. Studebaker Corporation et al., Appellants

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

May 23, 1968


Order, entered on November 17, 1967, granting plaintiff's renewed motion to examine defendants before trial in this stockholders' derivative action, unanimously reversed on the law, on the facts and in the exercise of discretion, with $30 costs and disbursements to defendants-appellants, and motion denied.

Plaintiff failed to establish the requisite special circumstances to warrant the pretrial examination sought. She did not present "factual allegations of evidentiary...

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