Order, entered May 23, 1969, unanimously modified, on the law, to dismiss the second and third causes of action, subject, however, to the right of plaintiff to apply to Special Term to replead the second cause of action, the third cause of action is severed, and order otherwise affirmed, without costs and without disbursements.
The causes hereby dismissed, alleging wrongs against the corporation of which plaintiff's testatrix was a stockholder, do not show a basis for an individual recovery by the plaintiff. (See Niles v. New York Cent. & Hudson Riv. R. R. Co., 176 N.Y. 119; Greenfield v. Denner, 6 N.Y.2d 867.) In view of statements on the argument and in the circumstances of this particular case, the plaintiff should be given leave to apply to Special Term for amendment of the second cause of action to plead facts establishing that plaintiff's testatrix was individually damaged by acts wrongful as to her. In furtherance of the purposes of CPLR 3211 (subd. [e]), and in conformity with the decisions of this court