Kocan v. Ismach

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered March 19, 1993, which denied defendants’ motion for summary judgment dismissing the first, second and sixth causes of action in plaintiffs amended complaint, unanimously affirmed, with costs.

Concerning the first cause of action, although plaintiff admittedly was not a director at the time the amended complaint was served, the IAS Court properly allowed the amended complaint to relate back to the original complaint for the purpose of establishing plaintiffs derivative standing as a director, since the amended complaint…