GROSS v. NEUMAN


53 A.D.2d 2 (1976)

Herman Gross, Individually and as a Stockholder of Continued Care Facilities, Inc., on His Own Behalf and on Behalf of All Other Stockholders, Similarly Situated, Appellant-Respondent, v. Carl H. Neuman et al., Respondents-Appellants, and Continued Care Facilities, Inc., Respondent

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

June 24, 1976


Attorney(s) appearing for the Case

Arthur L. Liman of counsel (Jay L. Himes, Edward L. Sadowsky and Steven A. Herman with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison and Tenzer, Greenblatt, Fallon & Kaplan, attorneys), for appellant-respondent.

Joseph Zuckerman of counsel (Rosenman, Colin, Freund, Lewis & Cohen, attorneys), for defendants-respondents-appellants.

Edward Labaton of counsel (Shatzkin, Cooper, Labaton, Rudoff & Bandler, attorneys), for respondent.

MARKEWICH, MURPHY, and YESAWICH, JJ., concur.


STEVENS, P. J.

This is a shareholders' derivative action alleging corporate waste and mismanagement against certain officers and directors of Continental Care Facilities, Inc., which was named as a nominal defendant. On October 31, 1973, the parties entered into a negotiated settlement agreement discontinuing the action. By the terms of the agreement, defendant Neuman, who together with defendant Ehrlich controlled...

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