Marco v. Sachs

In a stockholder’s derivative action, order dated March 4, 1954, granting reargument and on reargument adhering to the original determination, modified by striking therefrom everything which follows the words “upon reargument” and by adding thereto a provision that the motion for separate trial of the issue of futility of a demand on the directors to sue on behalf of the corporation be granted, without costs. As so modified order affirmed, with one bill of $19 costs and disbursements to appellants. Appeal from order dated December 4, 1953, dismissed, without costs. The trial of the separate…