Opinion
November, 1926.
Order denying motion to limit examination of defendants before trial modified by striking out the provision for examination under item 7, as to failure and refusal to declare dividends on the capital stock of the corporation; and as so modified the order is affirmed, without costs. No cause of action for failure or refusal to declare or pay dividends is alleged in the complaint. Kelly, P.J., Jaycox, Manning, Young and Lazansky, JJ., concur.