Majority
p. 993William F. Heller, Respondent, v. Pepsi-Cola Company, Appellant.
Action to recover from defendant corporation a dividend paid to all stockholders other than plaintiff. Judgment dismissing defendant’s counterclaim on the merits and granting to plaintiff judgment for $22,487.68, unanimously affirmed, with costs. Order dismissing defendant’s counterclaim on the merits unanimously affirmed. No opinion. Present — Lazansky, P. J., Carswell, Johnston, Taylor and Close, JJ.