Opinion
Argued June 8, 1960
Decided July 8, 1960
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EDGAR J. NATHAN, JR., J.
Joseph M. Callahan, Henry S. Miller and F.W. Dietmar Schaefer for Louis I. Nash, appellant and respondent.
Raphael H. Weissman and Edward J. Mallin for Gay Apparel Corporation and others, respondents, and Gay Apparel Corporation, appellant.
Upon the appeal from the order: Order modified, without costs, by providing that the petition be dismissed as academic without ruling upon title to the stock. No opinion.
Upon the appeal from the judgment: Judgment affirmed, with costs. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD FROESSEL, VAN VOORHIS, BURKE and FOSTER.