In Weinstein v. Behn, 65 N.Y.S.2d 536, 540-41 (Sup. Ct. NY Cnty. 1946), aff'd, 272 A.D. 1045, 75 N.Y.S.2d 284 (1st Dep't 1947), the court held that the plaintiff had not satisfied the contemporaneous ownership requirement, noting that the "allegations referred back to the alleged original wrongs specified in some detail under other paragraphs of the complaint, all of which occurred some time before plaintiff obtained her stock." Weinstein, 65 N.Y.S.2d at 540.

"Such acts may not by the specious device of employment of appropriate language be transformed into recurring wrongs for the purpose of overriding" the contemporaneous ownership requirement, where "they are not distinguishable from the original wrongs." Weinstein, 65 N.Y.S.2d at 540 .