SIEGEL v. ENGELMANN


1 Misc.2d 447 (1955)

Max Siegel et al., Plaintiffs, v. Joseph Engelmann et al., Defendants.

Supreme Court, Special Term, Queens County.

June 1, 1955.


Attorney(s) appearing for the Case

Maxwell M. Booxbaum for defendants.

Frank P. Seitz for plaintiffs.


RITCHIE, J.

Defendants move to dismiss the first and second causes of action of the amended complaint pursuant to subdivision 2 of rule 107 of the Rules of Civil Practice, on the ground that the plaintiffs have not legal capacity to sue in that said causes of action accrued in favor of the corporation and not in favor of the individual plaintiffs and that, therefore, they should be required to institute a derivative...

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