284 A.D. 964 | N.Y. App. Div. | 1954
In an action by a minority stockholder to recover on behalf of the corporation for waste, and on his own behalf to compel the directors to take proceedings to dissolve the two defendant corporations, plaintiff appeals from an order insofar as it denies his motion to strike out the second, fourth and fifth defenses, and second counterclaim, as insufficient, denies his motion for summary judgment with respect to the first counterclaim, and dismisses the second and third causes of action in the amended and supplemental complaint. Plaintiff also appeals from an order granting renewal and reargument and, on such renewal and reargument, adhering to the original determination. Order on renewal and reargument modified by granting plaintiff leave to replead the second and third causes of action within twenty days from the entry of an order hereon. As so modified, order