Legal Opinion

Malkan v. General Transistor Corp.

New York Supreme Court

Decided November 14, 1960PublishedCited by 1 opinion

1Opinion of the CourtSamuel Babin, J.

This stockholder’s derivative action in the right and for the benefit of General Transistor Corp. (hereinafter called GTC) was commenced on August 23, 1960. On August 30, 1960 its merger with General Instrument Corp. (hereinafter called GIC) was approved at a meeting of its stockholders. GIC, as successor to GTC, has now made two motions (1) “ for an order, amending the caption of the within action to reflect facts which have occurred since the commencement ” of this action, and (2) for an order pursuant to rule 107 *276of the Rules of Civil Practice, dismissing the complaint herein on the…

2Cases cited9 opinions

  1. Subin v. GoldsmithCourt of Appeals for the Second Circuit · 1955
  2. Johnson v. . JohnsonNew York Court of Appeals · 1912
  3. Gerdes v. ReynoldsNew York Court of Appeals · 1939
  4. Niagara Falls Power Co. v. WhiteNew York Court of Appeals · 1944
  5. Didier v. MacFadden Publications, Inc.New York Court of Appeals · 1949

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3Cited by1 opinion

  1. James J. Duane, Jr. v. Walter P. AltenburgCourt of Appeals for the Seventh Circuit · 1962

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