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WOLOSOFF v. CSI LIQUIDATING TRUST

205 N.J. Super. 349 (1985)

500 A.2d 1076

JAMES K. WOLOSOFF, PLAINTIFF-RESPONDENT, v. CSI LIQUIDATING TRUST, MORTY WOLOSOFF, MILTON HENDLER, INDIVIDUALLY AND AS TRUSTEES OF THE CSI LIQUIDATING TRUST, AND IRVING B. KAHN, DEFENDANTS-APPELLANTS, AND THOMAS B. TROEHLER, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided October 30, 1985.

Attorney(s) appearing for the Case

Ronald M. Sturtz argued the cause for appellants CSI Liquidating Trust, Morty Wolosoff and Milton Hendler (Hannoch, Weisman, Stern, Besser, Berkowitz and Kinney, P.A., attorneys, Ronald M. Sturtz and Elizabeth A. Weiler, on the brief).

Richard A. Levao argued the cause for appellant Irving B. Kahn (Shanley and Fisher, P.C., attorneys, Richard A. Levao and Thomas F. Campion, on the brief).

Paul A. Rowe argued the cause for respondent (Greenbaum, Rowe, Smith, Ravin, Davis and Bergstein, attorneys, Douglas K. Wolfson and Nancy E. Brodey, on the brief).

Before Judges O'BRIEN, SIMPSON and SCALERA.

The opinion of the court was delivered by SCALERA, J.S.C. (temporarily assigned).

This appeal stems from the trial court's order removing defendants Morty Wolosoff and Milton Hendler as trustees of the defendant, CSI Liquidating Trust. Implicated are the legal principles to be applied in a court's forcible removal of trustees as well as consideration of the proofs necessary to properly determine that issue.

Cable Systems Incorporated (CSI) was incorporated...

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