ROTHPEARL v. SECOND AVE. LUMBER CORP.

No. 98 Civ. 2350(LAK).

221 B.R. 76 (1998)

Elliot ROTHPEARL, Plaintiff, v. SECOND AVENUE LUMBER CORP., et al., Defendants.

United States District Court, S.D. New York.

June 8, 1998.


Attorney(s) appearing for the Case

Edward K. Blodnick, roslyn Heights, NY, for plaintiff.

Roberta L. McManus, Shaw, Licitra, Esernio & Schwartz, P.C., Garden City, NY, for Second Avenue Lumber Corp., Howard Kahn and Gerald Kahn.

Thomas J. Cirone, Silver & Wilk, L.L.P., for Mitchell Silbowitz and Silbowitz, Garafola, Silbowitz & Schatz.


MEMORANDUM OPINION

KAPLAN, District Judge.

Plaintiff here seeks to restrain defendants from transferring or encumbering certain corporate stock and, except in the ordinary course of business, assets pending the outcome of this action, which seeks to set aside a nearly five year old sale of all of the stock of the corporation to certain of the defendants. Plaintiff's extraordinary delay in seeking this relief, the apparent lack of any colorable basis for...

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