General
Berlin Paulin Cohen, a Stockholder of Cities Service Company, Suing on Behalf of Herself and All Other Stockholders Similarly Situated and on Behalf of and in the Right of Cities Service Company, Appellant, v. Merlin H. Aylesworth and Others, Defendants; Charles A. Frueauff and John M. McMillin, Respondents
259 A.D. 1028·New York Supreme Court, Appellate Division·1940·NY
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Opinion
(June 11, 1940.)
Berlin Paulin Cohen, a Stockholder of Cities Service Company, Suing on Behalf of Herself and All Other Stockholders Similarly Situated and on Behalf of and in the Right of Cities Service Company, Appellant, v. Merlin H. Aylesworth and Others, Defendants; Charles A. Frueauff and John M. McMillin, Respondents.
[MAJORITY]
On argument, order granting a stay reversed on the law, without costs, and motion denied, without costs, without prejudice to an application for consolidation on notice to all parties in both actions. Respondents may serve their answer within ten days from the entry of the order hereon, without prejudice to any motion they may wish to make for consolidation. Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ., concur.