Order, insofar as appealed from, reversed, with $10 costs and disbursements; and, as to said first and third defenses, plaintiff's motion is denied.
Plaintiff, and the individual defendants other than Diamond, are the sole stockholders of the corporate defendant. Plaintiff was also an officer and director of the corporation. The amended complaint alleges waste and diversion of corporate assets. The answer, inter alia, alleges as defenses that the disbursements...
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