Wehr v. Memhard

—Order of the Supreme Court, New York County (Benjamin Altman, J.), entered December 20, 1983, which granted plaintiff’s motion to confirm the report of the special referee holding that service of process had validly been made on defendants and denied the defendants’ cross motion to disaffirm or in the alternative to dismiss on the ground of res judicata, modified, on the law, to the extent of dismissing plaintiff’s action on the ground that it is barred by a prior adjudication and, except as so modified, affirmed, with costs to appellants.

This stockholder’s derivative suit has a background…