Opinion
December, 1914.
Present — Ingraham, P.J., McLaughlin, Scott, Dowling and Hotchkiss, JJ.
The order appealed from should be modified as follows, and as so modified affirmed, without costs: Subdivision A. Stricken out. Subdivision B. Stricken out. Subdivision C. Amended so as to read as follows: "Whether defendant Woodin or the Board of Directors of which he was a member received any part of the amount referred to in Paragraph Twenty-fifth of the amended complaint as `various sums aggregating $5,500,000,' and `additional undivided profits with various constituents.'" Subdivision D. Strike out the last fourteen words thereof: "and if a part, what amount was so received and when it was received." Subdivision E. Strike out the last twenty-one words thereof: "and if a part of said sum, what amount so disappeared, and, if so, what said wrongful acts or negligence consisted of." Subdivision F. Stricken out.
Order modified as directed in opinion, and as modified affirmed, without costs. Order to be settled on notice.