The complaint failed to allege that a demand had been made on the board of directors for remedial action, or facts sufficient to justify a conclusion that such a demand would be futile. Dismissal of the complaint was therefore proper on the ground it did not state facts sufficient to constitute a cause of action (Marco v. Sachs, 269 App. Div. 845, affd. 295 N.Y. 642). We think however the Special Term should have permitted the service of an amended complaint in connection...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.