Dukas v. Davis Aircraft Products Co.

In a shareholders’ derivative action, the appeal is from an order of *305the Supreme Court, Suffolk County (Luciano, J.), dated September 30, 1985, which granted the plaintiff’s motion for an order directing that the defendant Davis Aircraft Products Co., Inc. (hereinafter Davis Aircraft) and the individual defendants be represented by separate counsel, and denied the appellants’ cross motion for summary judgment dismissing the complaint insofar as it is asserted against them.

Order modified, as a matter of discretion, by deleting the provision thereof which granted the plaintiff’s motion, and…