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GREENSPUN v. LINDLEY

44 A.D.2d 20 (1974)

Noah Greenspun, Respondent, v. Allen L. Lindley et al., Appellants, et al., Defendants

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

February 28, 1974.

Attorney(s) appearing for the Case

William F. Koegel of counsel (Paul M. Hopkins with him on the brief; Rogers & Wells, attorneys), for Allen L. Lindley and others, appellants.

George S. Leisure, Jr., of counsel (Mahlon F. Perkins, Jr., and Allan R. Freedman with him on the brief; Donovan Leisure Newton & Irvine, attorneys), for H. Donald Harvey, Jr., and others, appellants.

Irving Bizar of counsel (Barbara P. Sugarman with him on the brief; Demov, Morris, Levin & Shein, attorneys), for respondent.

KUPFERMAN, J. P., STEUER and LANE, JJ., concur.

TILZER, J.

In this derivative action, plaintiff, on behalf of Mony Mortgage Investors ("Monymi") seeks an accounting with respect to certain fees paid by Monymi to the Mutual Life Insurance Company of New York ("Mony"), pursuant to a management contract between Monymi and Mony. More specifically, it is alleged that Monymi, a real estate investment trust organized pursuant to a declaration of trust under the laws...

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