Lever v. Guaranty Trust Co.

In a stockholder’s derivative action, order granting motion of the defendants-respondents for judgment dismissing the complaint as to them, pursuant to rule 107 of the Rules of Civil Practice, subdivisions 5 and 6, Order and judgment unanimously affirmed, with ten dollars costs and disbursements. In the light of the appellant’s admitted abandonment of the second cause of action, *1045consideration of this appeal has been confined to the issues presented with respect to the first cause of action. The allegations therein contained do not serve to transform this cause into one the gravamen of which…