Majority
p. 796Herman Rothschild and Hannah Sinauer, Suing for Themselves as Stockholders and All Other Stockholders of the Chemacid Societe Anonyme in Like Situation, Who Shall Choose to Make Themselves Parties to This Action, Respondents, v. Chemacid Societe Anonyme and Others, Defendants, and Otto Rosenthal and Others, Appellants.
In an action brought by stockholders on behalf of a corporation, order denying appellants’ motion to dismiss certain portions of the complaint for failure to state facts sufficient to constitute recoverable claims, in so far as appealed from, affirmed, with ten dollars costs and disbursements. The record is insufficient to decide the contention raised with respect to failure to plead the foreign law, and by this decision that contention is left open and undecided. On the facts presently appearing, the complaint states a cause of action based on acts committed within the jurisdiction. Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.