Sancetta v. Notey

In a shareholder’s derivative action for an accounting and money damages, defendant Anton Notey, M.D., appeals from an order of the Supreme Court, Nassau County (Spatt, J.), dated December 24, 1980, which granted plaintiff’s motion for partial summary judgment. Order modified, by adding thereto a provision granting defendant Notey leave to conduct pretrial disclosure on the issue of plaintiff’s compliance with subdivision (c) of section 626 of the Business Corporation Law. As so modified, order affirmed, without costs or disbursements. The disclosure shall proceed at a time and place to be…