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TREVES v. NEW YORK CENT. R.R. CO.

30 A.D.2d 951 (1968)

Peter G. Treves, on Behalf of Himself and All Other Bondholders of Mohawk and Malone Bonds, Similarly Situated, Appellant, v. New York Central Railroad Company et al., Respondents

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

October 17, 1968

Order entered May 20, 1968, unanimously affirmed, with $50 costs and disbursements to respondents.

Eager, J., concurring.

I concur in the affirmance as I conclude that the plaintiff's causes of action are framed to enforce causes of action primarily vested in the trustees for breach of obligations of the first and second bonds and mortgages of the particular railroad company and that the plaintiff's noncompliance with the "no-action clauses" of...

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