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AUERBACH v. BENNETT

64 A.D.2d 98 (1978)

Elias Auerbach, Plaintiff, and Stanley Wallenstein, as Executor of Ida S. Wallenstein, Deceased, Appellant, v. William F. Bennett et al., Respondents

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

August 7, 1978

Attorney(s) appearing for the Case

Gold, Farrell & Marks (Martin R. Gold and John M. Schwartz of counsel), for appellant.

Kaye, Scholer, Fierman, Hays & Handler (Peter M. Fishbein, Steven J. Glassman and Myron Kirschbaum of counsel), for Theodore Brophy and other, respondents.

Morrison, Paul & Beiley (Peter H. Morrison of counsel), for William F. Bennett, respondent.

Dean C. Rohrer (Samuel J. Wilson of counsel), for General Telephone & Electronics Corporation, respondent.

Breed, Abbott & Morgan (James D. Zirin and George F. Vary of counsel) and Wilson & McIlvaine (Charles W. Boand of counsel), for Arthur Andersen & Co., respondent.

LATHAM, SUOZZI and RABIN, JJ., concur.

HOPKINS, J. P.

Questions peculiar to corporate derivative actions are presented by this appeal. The first and fundamental question raises the standing of the appellant, Stanley Wallenstein, to take the appeal in an action in which he is not a party, although he is a stockholder in the corporation for whose benefit the action was brought by the plaintiff, Auerbach, who is also a stockholder and did not take an...

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