Opinion
February 7, 1949.
Stockholder's derivative action against officers and directors of defendant corporation. Order granting respondent's motion for examination before trial of appellants and for production of books and records, modified on the law and the facts by striking therefrom all items upon which the examination is to proceed, four in number, and substituting in lieu thereof a single item as follows: "Whether at various times since May 21, 1942, and up to the time of the commencement of this action on May 21, 1948, funds of the corporate defendant were withdrawn or paid out for the personal use and benefit of the individual defendants, but charged to `Petty Cash', to selling expense, to the purchase of supplies and materials, to commissions, and otherwise, and the inquiry may include the amount, time and nature of each such withdrawal, if any, and identification of the defendant or defendants who caused or authorized such withdrawals or payments". As so modified, the order is affirmed, without costs, the examination to proceed on five days' notice. Order denying appellant's cross motion to dismiss the complaint or, in the alternative, to compel respondent separately to state and number causes of action, affirmed, without costs. No opinion. Johnston, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.