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ROTH v. GULF & WESTERN INDUS., INC.

160 A.D.2d 525 (1990)

David J. Roth et al., as Cotrustees of the Trust Created by Janet Roth, Appellants, v. Gulf and Western Industries, Inc., Respondent

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

April 19, 1990

Plaintiffs cotrustees seek an order directing defendant to issue them a certificate for its common shares based upon their December 1982 delivery of series D preferred shares in an exchange offer and their alleged failure to receive such common stock. Defendant's motion papers, however, reveal that such common stock had been issued to plaintiff's cotrustees in December 1982. (In this respect, Supreme Court properly found that a...

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