Bassett v. Battle

In a stockholder’s derivative action for the rescission of the sale of its property by a corpora» tion, allegedly without the consent of two-thirds of the holders of record of its outstanding shares entitled to vote thereon (Stock Corp. Law, § 20), plaintiff, stockholder, appeals from so much of a judgment as dismisses the complaint for insufficiency as against the defendant purchaser of the property, and from the order in pursuance of which the judgment was entered. Order and judgment, in so far as appealed from, unanimously affirmed, without costs, with leave to plaintiff to plead over…