Opinion
February 25, 1944.
Present — Martin, P.J., Townley, Glennon, Untermyer and Dore, JJ.
Order unanimously modified so as to provide that appellant is given leave to intervene and made a party plaintiff herein as an officer and director of Tree Mark Shoe Company, Inc., and a director of Marbitz Realty Corporation, in addition to her intervention as administratrix of the estate of Herman Triebitz, deceased, individually and as a stockholder of Tree Mark Shoe Company, Inc., and that the title of the action be amended accordingly; and as so modified affirmed, with twenty dollars costs and disbursements to the appellant against the respondent, Joseph Marcus. No opinion. Settle order on notice.