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Burnham v. Brush

273 A.D. 891 Court N.Y. App. Div. Decision date 1948-03-29 English

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p. 891
Alfred G. Burnham et al., Suing on Behalf of Themselves and All Other Stockholders of Brooklyn-Manhattan Transit Corporation Similarly Situated,
p. 892
Respondents, v. Matthew C. Brush et al., Defendants, and Arthur H. Bunker et al., Appellants.

As we are unable to distinguish this case from Coane v. American Distilling Go. ( 270 App. Div. 1001 ) we feel constrained to reverse the order appealed from and grant the motion for judgment on the pleadings dismissing the amended complaint. Order unanimously reversed, with $20 costs and disbursements to the appellants, and the motion granted. Present — Peck, •P. J., Dore, Callahan and Van Voorhis, JJ. [184 Mise. 815.]