Warner v. WARNER COMPANY

Lynch, J.:

Plaintiff, who alleged he was a director of defendant corporation, filed his complaint in this action on April 6, 1961, seeking to enforce his rights to purchase common share of defendant, pursuant to an existent Option Agreement. On May 15, 1961 plaintiff propounded 33 interrogatories to de fendant. Defendant filed no written objection to these interrogatories.

Defendant’s answer to the complaint was filed on June 1, 1961. The answer included a counterclaim for $2,750,000, allegedly sustained by the defendant because of plaintiff’s alleged negligence as an officer and director of…