Majority
p. 743Ella F. Durgin, on Behalf of Herself and All Other Stockholders of Wickwire Spencer Steel Corporation, Appellants, v. Wickwire Spencer Steel Corporation and Others, Defendants, Impleaded with T. H. Wickwire, Jr., and Others, Respondents.
Order granting motion to dismiss the complaint and judgment entered thereon reversed on the law, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. The complaint is sufficient in its allegations of ultimate fact. (Walsh v. Van Ameringen-Haebler, Inc., 257 N. Y. 478 .) Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.
Cases cited
- Walsh v. Van Ameringen-Haebler, Inc. 257 N. Y. 478 p. 743