Opinion
June 27, 1955.
Action by certain stockholders of a corporation, suing on behalf of themselves and all other stockholders similarly situated and also in the right of the corporation, to decree the issuance of certain shares of stock (held in the names of defendants Bianchi and Levinson) illegal and the stock certificates therefor null and void, to enjoin the holders thereof from utilizing same and the corporation, its officers and directors from recognizing said certificates as valid, to direct the individual defendants to reimburse the corporation for all moneys paid by it in relation to said stock, and to decree that the election of directors held on May 1, 1954, was null and void, and that new elections be held. The answer interposed by all the defendants (except Levinson) contains a counterclaim for judgment that the issuance of certain other shares of stock (held in the name of plaintiff Kate Oglesby) was illegal, that the stock certificate therefor is null and void and that said plaintiff return same to the corporation for cancellation. Defendants (except Levinson) appeal from an order denying their cross motions for judgment on the pleadings pursuant to rule 112 of the Rules of Civil Practice or, in the alternative, for judgment dismissing the complaint pursuant to subdivision 1 of rule 107 of said rules, and for an order directing the plaintiffs to bring in one Woodson Oglesby, Sr., as a party pursuant to section 193 of the Civil Practice Act. Plaintiffs cross-appeal from an order denying their motion pursuant to subdivision 6 of rule 110 of the Rules of Civil Practice, to dismiss the counterclaim contained in said answer. Orders affirmed, without costs. No opinion. Wenzel, Acting P.J., MacCrate, Schmidt, Beldock and Ughetta, JJ., concur.