Pullin v. Feinsod

— In a purported stockholders’ derivative action, inter alia, to compel an accounting of the assets of the defendant Benfine Jewelry Manufacturing *562Co., the defendant Benjamin Feinsod appeals from an order of the Supreme Court, Nassau County (Wager, J.), dated May 21, 1987, which denied his motion to dismiss the complaint.

Ordered that the order is modified, by deleting the provision thereof which denied those branches of the defendant’s motion which were for summary judgment dismissing the first, second, fourth and fifth causes of action asserted in the complaint and substituting therefor a…