John S. McQuade, Individually and as a Stockholder of Topics Publishing Co., Inc., Suing on Behalf of Himself and All Other Stockholders of Said Corporation Similarly Situated, and in the Right of Said Corporation, Respondent, v. Aglar Cook, Individually and as a Director of Topics Publishing Co., Inc., Appellant, et al., Defendants

John S. McQuade, Individually and as a Stockholder of Topics Publishing Co., Inc., Suing on Behalf of Himself and All Other Stockholders of Said Corporation Similarly Situated, and in the Right of Said Corporation, Respondent, v. Aglar Cook, Individually and as a Director of Topics Publishing Co., Inc., Appellant, et al., Defendants. [MAJORITY] In a stockholder’s derivative action, order denying motion for partial summary judgment on the ground that plaintiff lacked legal capacity to sue with respect to certain complained of transactions which occurred prior to the time that he became a stockholder, affirmed, with $10 costs and disbursements. No opinion. Carswell, Acting P. J., Johnston, Sneed, Wenzel and MacCrate, JJ., concur.