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CENCI v. MOBIL OIL CORP.

79 A.D.2d 581 (1980)

Arthur Cenci, Jr., et al., Respondents, v. Mobil Oil Corporation et al., Defendants, and William P. Tavoulareas et al., Appellants

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

December 23, 1980

Affirmed. Respondents shall recover of appellants $50 costs and disbursements of this appeal.

Silverman, J., dissenting.

I would reverse the order appealed from and grant the protective order against the examination of the president and executive vice-president of defendant Mobil Oil Corporation. Although this purports to be a stockholders' derivative action on behalf of defendant Mobil, it is in fact a tactical step arising out of a dispute between...

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