Gampel v. Burlington Industries, Inc.

Defendant moves for summary judgment. Plaintiff is a holder of debenture bonds. They require that notice of redemption be published once a week for two successive weeks “ in one or more newspapers printed in the English language, customarily published on each business day, and of general circulation in the Borough of Manhattan, City of New York.” The indenture contains similar provision. Redemption was accomplished by publication in the Wall Street Journal. The action is brought for a declaration that such publication is not compliance, that plaintiff still holds the bonds subject to…