MTR. OF COSMOPOLITAN MUT. INS.


31 A.D.2d 263 (1969)

In the Matter of the Election of Directors and Officers of Cosmopolitan Mutual Insurance Company. Jack Orloff, Appellant; Cosmopolitan Mutual Insurance Company et al., Respondents

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

January 30, 1969.


Attorney(s) appearing for the Case

Morris Pottish of counsel (Irving L. Spanier, attorney), for appellant.

Philip Weinberg of counsel (Samuel A. Hirshowitz with him on the brief; Louis J. Lefkowitz, Attorney-General), for Superintendent of Insurance, respondent.

Joseph DiFede of counsel (DiFede & Martoccia, attorneys), for Cosmopolitan Mutual Insurance Company and others, respondents.

EAGER, J. P., CAPOZZOLI, McGIVERN and STEUER, JJ., concur.


Per Curiam.

The particular facts presented upon the appeal call for a pragmatic resolution invoking the equity powers of the court, else a result sterile in its consequences will ensue.

The corporate respondent is the Cosmopolitan Insurance Company, a mutual company whose policyholders or members stand in lieu of stockholders. Petitioner is engaged in business having nothing to do with respondent or the insurance...

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