Opinion
June 13, 1949.
In a derivative action by a stockholder, order denying motion of defendants to dismiss the amended complaint for insufficiency, insofar as appealed from, reversed on the law, with $10 costs and disbursements, and the motion granted, with $10 costs, with leave to serve a further amended complaint within ten days from the entry of the order hereon if so advised. There is no allegation in the complaint complying with section 61 of the General Corporation Law which provides that "it must be made to appear that the plaintiff was a stockholder at the time of the transaction of which he complains". Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.