Summary
In Richman, the plaintiffs' stock was not worth $50,000 either on the date of the alleged wrong, on the date of the commencement of the action, on the date of the making of the motion for security, or on the date of the decision of the motion.
Summary of this case from Roach v. Franchises International, Inc.Opinion
July 28, 1959
In a stockholder's derivative action pending in the Supreme Court, Kings County (Action No. 1), the appeal is from an order denying appellants' motion to remove Action No. 2 from the Supreme Court, New York County, to the Supreme Court, Kings County, and to consolidate it with Action No. 1, and for other relief. The motion was denied without prejudice to renewal after the determination by this court of an appeal from an order in Action No. 1 entered January 6, 1959. Appeal dismissed, without costs. We find no reason, in this record, for deviation from the general rule that no appeal lies from an order denying a motion without prejudice to renewal ( Blair v. Holzberg, 4 A.D.2d 674). Nolan, P.J., Wenzel, Murphy, Hallinan and Kleinfeld, JJ., concur.