Van Aalten v. Mack

Defendants in a consolidated stockholders’ derivative action appeal from an order granting in part plaintiffs’ motion for their examination before trial.

Rule XI of the New York County Supreme Court Trial Term Rules, while reiterating the requirement of a showing of special circumstances in order to obtain an examination before trial in stockholders’ derivative actions, avowedly did not purport to change the right to or the scope of such examination. Thus, an examination will still be denied or limited ‘ ‘ unless supported by factual allegations of evidentiary value to establish the charges of…