KATZ v. NVF CO.


100 A.D.2d 470 (1984)

Beatrice Katz, Respondent, v. NVF Company et al., Appellants

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

March 22, 1984


Attorney(s) appearing for the Case

Marian R. Probst of counsel (Ellen P. Chapnick with her on the brief; Wolf Popper Ross Wolf & Jones, attorneys), for respondent.

Kathleen M. Comfrey of counsel (Robert F. Dobbin and Margery S. Bronster with her on the brief; Shearman & Sterling, attorneys), for NVF Company, appellant.

David L. Foster and A. William Urquhart of counsel (Willkie Farr & Gallagher, attorneys), for APL Corporation and others, appellants.

SILVERMAN and LYNCH, JJ., concur with KASSAL, J.; ROSS, J. P., and MILONAS, J., concur in a separate opinion by MILONAS, J.


KASSAL, J.

Plaintiff, owner of 500 shares of common stock of APL Corp. (APL), sought to represent the 3,900 stockholders on claims of fraud, estoppel and breach of contract for losses alleged to have resulted from false and misleading statements concerning a proposed merger between APL and NVF Company (NVF). The motion sought class action certification for the APL shareholders of record on September 21, 1981...

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