Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly, in effect, granted that branch of the defendants' motion which was pursuant to CPLR 3211(a) (1) to dismiss the seventh cause of action of the amended complaint, wherein the plaintiff asserted claims in a shareholder's derivative capacity. The defendants produced uncontroverted documentary evidence conclusively establishing that the plaintiff was not a shareholder at...
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