Lieferant v. Bartell

William C. Hecht, Jr., J.

Stockholders of Macfadden Publications Inc. (“Macfadden”) sued to enjoin its merger with Bartell Broadcasting Corporation (“ Broadcasting ”). Special Term denied motions for injunctions pendente lite (Williams v. Bartell, 34 Misc 2d 552), and the merger was therefore consummated under Delaware law, the merged corporation taking the name Macfadden-Bartell. The Appellate Division, by a vote of three to two, granted the motions to the extent of restraining both of the predecessor corporations from using the assets or credits of “ Macfadden” in behalf of “Broadcasting” or…