Shiner v. American Stock Exchange

CASHIN, District Judge.

This is a motion by the plaintiffs for an order vacating the notice served by the defendants, Edward M. Gilbert and Empire National Corporation, sued herein and formerly known as “Empire Millwork Corporation”, to take the deposition of Lester C. Migdal, one of plaintiffs’ attorneys, as a witness.

There are three causes of action alleged in the complaint, of which we are only concerned with the first and third. The first cause of action alleged against all the defendants charges that the American Stock Exchange acted negligently, arbitrarily and capriciously and violated…