Opinion
July 2, 1945.
Present — Close, P.J., Hagarty, Johnston, Lewis and Aldrich, JJ. [See ante, p. 845.]
Motions for leave to appeal to the Court of Appeals granted. The following question is certified: Was the order of the Special Term, insofar as it denied the motion of defendants to dismiss the complaint on the ground that it alleges no sufficient excuse for the failure of the plaintiff to make a demand upon the corporation to bring suit, properly made?