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BYERS v. BAXTER

69 A.D.2d 343 (1979)

George Byers, Appellant, v. Raymond C. Baxter et al., Defendants, and Frederick L. Bissinger et al., Respondents

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

June 26, 1979

Attorney(s) appearing for the Case

Eric L. Keisman of counsel (Benedict Wolf and Marian R. Probst with him on the briefs; Wolf Popper Ross Wolf & Jones, attorneys), for appellant.

Lawrence E. Walsh of counsel (Robert F. Wise, Jr., James D. Liss, William E. Jackson, Edward J. Reilly, Samuel H. Gillespie, III, with him on the brief; Thomas D. Kent, attorney for Allied Chemical Corporation; Davis Polk & Wardwell for Charles W. Nichols, Jr., and others; Milbank, Tweed, Hadley & McCloy for Frederick L. Bissinger and another), respondents.

BIRNS, J. P., FEIN and SANDLER, JJ., concur.

SILVERMAN, J.

Plaintiff appeals from a judgment and order of the Supreme Court dismissing the complaint on motion. Although the memorandum decision said that the motion pursuant to CPLR 3211 is granted, we think that this was an oversight and that the court was at least also granting the motion for summary judgment under CPLR 3212.

This is a stockholders' derivative action on behalf of defendant Allied...

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