Legal Opinion

Horwitz v. Balaban

District Court, S.D. New York

Decided October 24, 1949PublishedCited by 18 opinions

1Opinion of the Court

RYAN, District Judge.

Plaintiff moves for an order directing that, upon the filing of the amended complaint, the stay of this action heretofore granted on September 30, 1949 pursuant to Section 61-b of the General Corporation Law, McK.Consol.Laws, c. 23, be vacated. Defendant, Paramount Pictures, Inc., moves simultaneously for an order dismissing the amended complaint upon the ground that plaintiff has failed to comply with the order of September 30 and has failed to file security of $75,000 as therein directed.

After the order of September 30, 1949 was entered, plaintiff was given permission…

2Cases cited5 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Koster v. (American) Lumbermens Mutual Casualty Co.Supreme Court of the United States · 1947
  3. Price v. GurneySupreme Court of the United States · 1945
  4. Stokes v. . Continental Trust Co.New York Court of Appeals · 1906
  5. Witherbee v. . BowlesNew York Court of Appeals · 1911

3Cited by18 opinions

  1. Sol A. Dann, John H. Neville and Louise A. Turek v. Studebaker-Packard Corporation, Harold E. Churchill, Hugh J. Ferry, and A. J. PortaCourt of Appeals for the Sixth Circuit · 1961
  2. Brown v. BullockDistrict Court, S.D. New York · 1961
  3. Elster v. American Airlines, Inc.Court of Chancery of Delaware · 1953
  4. Elster v. American AirlinesCourt of Chancery of Delaware · 1953
  5. Philip Schechtman v. Louis E. WolfsonCourt of Appeals for the Second Circuit · 1957

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