PEZENIK v. GREENBERG

Amended interlocutory judgment and final judgment unanimously affirmed, with costs. While the action was brought as one of a derivative nature, it was not such in fact. Equity regards substance rather than form. Under our reformed procedure, even the law has discarded its ancient formalism. The action was tried as a controversy between two groups of individuals to determine their rights and interests in the corporation. No objection was raised at the trial as to the form of the action. All parties necessary to the determination of the issues raised were before the court, including the corporation. We agree with the learned trial court that the proofs were overwhelmingly with the plaintiffs.