Majority
p. 659William Tomasello, as Stockholder of and on Behalf of All Stockholders Similarly Situated of, and on Behalf of Beach Haven Apartments No. 1, Inc., et al., Respondents, v. Fred C. Trump et al., Appellants.
In a stockholder’s action for an accounting and other relief, defendants appeal from an order of the Supreme Court, Queens County, dated November 28, 1961, which denied their motion: (1) for a separate and prior trial of their separate defense and counterclaim based on an alleged settlement agreement, and (2) for a limitation of their examination before trial to the issues relating to the settlement agreement. Order affirmed, with $10 costs and disbursements; the examination to proceed on 20 days’ notice, or on a day to be mutually fixed by the parties. No opinion. Beldock, P, J., Ughetta, Christ, Hill and Hopkins,' JJ., concur.