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KAMIN v. AM. EXPRESS

86 Misc.2d 809 (1976)

Howard P. Kamin et al., Plaintiffs, v. American Express Company et al., Defendants.

Supreme Court, Special Term, New York County.

March 17, 1976

Attorney(s) appearing for the Case

Carter, Ledyard & Milburn for American Express Company, defendant. Winthrop, Stimson, Putnam & Roberts for Hoyt Ammidon and others, defendants. Cowan, Liebowitz & Latman, P.C., for plaintiffs.

EDWARD J. GREENFIELD, J.

In this stockholders' derivative action, the individual defendants, who are the directors of the American Express Company, move for an order dismissing the complaint for failure to state a cause of action pursuant to CPLR 3211 (subd [a], par 7), and alternatively, for summary judgment pursuant to CPLR 3211 (subd [c]).

The complaint is brought derivatively by two minority stockholders...

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