Lewis v. Welch

In a shareholder’s derivative action, the defendants appeal (1) from so much of an order of the Supreme Court, Kings County (Shaw, J.), dated October 24, 1985, as denied their motion to dismiss the complaint for failure to state a cause of action, and (2) from so much of an order of the same court, dated January 27, 1986, as, upon reargument, adhered to its original determination; and the plaintiff cross-appeals from so much of the order dated October 24, 1985, as denied his cross motion for summary judgment on the issue of liability.

Ordered that the cross appeal is dismissed, for failure to…