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GREENBERG v. ACME FOLDING BOX

84 Misc.2d 181 (1975)

Sylvia L. Greenberg, Individually and as an Executrix of Joseph L. Greenberg, Deceased, as Stockholders of Acme Folding Box Co., Inc., Plaintiff v. Acme Folding Box Co., Inc., et al., Defendants.

Supreme Court, Special Term, Kings County.

November 6, 1975

Attorney(s) appearing for the Case

Galef & Jacobs for defendants. Goldschmidt & Zucker for plaintiff.

LOUIS B. HELLER, J.

In this stockholders' derivative action, the defendants move to dismiss the lawsuit on the following grounds:

(1) The plaintiff does not have the legal capacity to sue (CPLR 3211 subd [a], par 3) either as an individual, or in the name of the estate of Joseph L. Greenberg, or as a representative of other shareholders in a class action, or on behalf of the corporation in a derivative...

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