Rogers v. Gould

These motions are directed toward vacating notices to examine various defendants in a derivative action brought by plaintiffs, stockholders, on behalf of a corporation to secure an accounting from certain of its directors. The chief objection to the notice is that it does not state, as required by section 290, subdivision 4, of the Civil Practice Act, “ the issues upon which such persons are to be examined.” The notices in this respect follow generally the form of recital: “ The issue raised by paragraph first of his answer heretofore served herein wherein each and every allegation contained…