CORNELL MFG. v. MUSHLIN


70 A.D.2d 123 (1979)

Cornell Manufacturing Company, Inc., Respondent, v. Sidney B. Mushlin et al., Appellants

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

September 10, 1979


Attorney(s) appearing for the Case

Cleary, Gottlieb, Steen & Hamilton (Edwin B. Mishkin of counsel), for Sidney B. Mushlin and another, appellants.

Seward & Kissel (Daniel P. Fitzgerald and Darya Aberback of counsel), for Bank of America National Trust & Savings Association, appellant.

Squadron, Ellenoff, Plesent & Lehrer (Neal M. Goldman and Judith R. Cohen of counsel), for respondent.

O'CONNOR, RABIN and GULOTTA, JJ., concur.


MOLLEN, P. J.

In an action to recover damages for self-dealing and waste of corporate assets, (1) the defendants Sidney and Muriel Mushlin appeal from so much of an order as denied their motion to dismiss the amended complaint insofar as it relates to their "management of and/or receipt of benefits under," the Cornell Manufacturing Company, Inc., Employees Pension Trust and (2) the defendant Bank of America National...

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