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DEUTSCH v. ADLER

112 A.D.2d 1024 (1985)

Joseph Deutsch, Individually and as a Shareholder on Behalf of South of the Mountain Investors, Ltd., Appellant, v. Joseph Adler et al., Respondents. (Action No. 1.) Joseph Deutsch, Individually and as a Shareholder on Behalf of South of the Mountain Investors, Ltd., Appellant, v. Joseph Adler et al., Respondents. (Action No. 2.) Joseph Deutsch, Appellant-Respondent, v. Joseph Adler et al., Respondents-Appellants. (Action No. 3.)

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

August 19, 1985

Order dated October 20, 1983 modified, on the law, by deleting so much thereof as granted defendants' motions to dismiss the complaints in actions Nos. 2 and 3 with leave to replead, and adding thereto provisions (1) specifying that defendants' motion to dismiss the complaint in action No. 1 is granted with leave to replead same as a shareholders' derivative action pursuant to Business Corporation Law § 626, and (2) that defendants' motions to dismiss the complaints...

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