As so modified order affirmed, with one bill of $10 costs and disbursements to appellants. Appeal from order dated December 4, 1953, dismissed, without costs.
The trial of the separate issue of futility of serving the demand works no prejudice to the plaintiff and may obviate the necessity for a protracted trial on the merits, which necessarily will involve evidence not material to the issue of futility of a demand. (People ex rel. New York Central R. R. Co. v...
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