GERSHAW v. THER-A-PEDIC SLEEP PROD., INC.


218 N.J. Super. 350 (1987)

527 A.2d 923

GERALD GERSHAW, PLAINTIFF-APPELLANT, v. THER-A-PEDIC SLEEP PRODUCTS, INC.; HAROLD WINIKOFF; BENJAMIN WINIKOFF; RICHARD WINIKOFF AND GARY GERSHAW, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 1, 1987.


Attorney(s) appearing for the Case

John P. Palmisano argued the cause for appellant (Andora, Palmisano, Harris & Romano, attorneys; Marchi, Jaffe, Cohen, Crystal, Rosner & Katz, Special Counsel; Ernest Allen Cohen, John P. Palmisano and Jonathan N. Harris, on the brief).

Stephen N. Dratch argued the cause for respondents Ther-A-Pedic Sleep Products, Inc. and Gary Gershaw (Greenberg, Margolis, Ziegler, Schwartz, Dratch, Fishman, Franzblau & Falkin, P.A., attorneys; Martin L. Greenberg, of counsel).

Donohue & Hughes, attorneys for respondents Harold Winikoff, Benjamin Winikoff and Richard Winikoff (Richard J. Donohue, of counsel).

Before Judges GAULKIN, BAIME and ASHBEY.


The opinion of the court was delivered by GAULKIN, J.A.D.

Plaintiff Gerald Gershaw (Gershaw) brought this action as a stockholder of defendant Ther-A-Pedic Sleep Products, Inc. (Ther-A-Pedic). His complaint, filed November 15, 1984, asserted a variety of derivative claims on behalf of Ther-A-Pedic against the individual defendants as officers and directors, demanded permission to inspect the corporate records and sought declaratory judgment that Gershaw and other...

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