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BADER & BADER v. FORD

66 A.D.2d 642 (1979)

Bader & Bader et al., Respondents, v. Henry Ford, II, et al., Appellants, et al., Defendants

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

March 22, 1979

Attorney(s) appearing for the Case

Jerome G. Shapiro and Arthur L. Liman of counsel (Robert J. Sisk, Norman C. Kleinberg, John W. Schwartz, Richard Marmaro, James R. Jackoway, Lewis A. Kaplan and Helen Davis Chaitman with them on the brief; Hughes Hubbard & Reed, Paul, Weiss, Rifkind, Wharton & Garrison, Wachtell, Lipton, Rosen & Katz and Shea Gould Climenko & Casey, attorneys), for appellants.

Roy M. Cohn and Alan M. Pollack of counsel (James J. Crisona, Ellyn Roth Mittman and Louis Biancone with them on the brief; Orenstein Snitow Sutak & Pollack, P. C., and Saxe, Bacon & Bolan, P. C., attorneys), for respondents.

EVANS, J. P., SULLIVAN and LYNCH, JJ., concur with FEIN, J.; LUPIANO, J; dissents in an opinion.

FEIN, J.

Defendants appeal from an order denying their motion to dismiss the third amended complaint in this stockholders' derivative action brought on behalf of Ford Motor Company. The motion sought dismissal upon the ground of forum non conveniens pursuant to CPLR 327, or, in the alternative, for the failure to set forth with requisite particularity plaintiffs' efforts to secure initiation of such action...

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