Appellate Division of the Supreme Court of the State of New York March 25, 1946 (Loew v. Interlake Iron Corp.)

In a stockholder’s derivative action, appellants appeal from an order dated May 18, 1945, denying their motion, pursuant to rule 106 of the Rules of Civil Practice, to dismiss the second amended complaint on the ground that it does not state facts sufficient to constitute a cause of action; and from that part of an order dated July 10, 1945, which denied their motion pursuant to rule 103 of the