Majority
p. 716Leo Cohen, in His Own Behalf and in Behalf of All Other Stockholders of Resolute Paper Products Corp., and Other Corporations Similarly Situated, Respondent, v. Gertrude S. Cohen et al., Appellants, et al., Defendants.
Order unanimously modified on the facts and in the exercise of discretion, and the motion is denied in its entirety, with costs to appellants. In the circumstances of this case, the dispensing with the joinder of issue and direction for an examination before trial prior to such joinder was too precipitate. Concur — Botein, P. J., Breitel, Rabin, M. M. Frank and Bastow, JJ.