BROOKS v. SAXONY TOBACCO CORP.


20 Misc.2d 401 (1959)

Joseph Brooks et al., Plaintiffs, v. Saxony Tobacco & Sales Corp. et al., Defendants.

Supreme Court, Westchester County.

May 12, 1959.


Attorney(s) appearing for the Case

George Plotkin for defendants.

Joseph Brooks, plaintiff in person.


GEORGE FANELLI, J.

This is a motion by defendants in a stockholders' derivative action to dismiss the complaint upon the ground that plaintiff appearing in person does not have the legal capacity to sue and to represent others as their attorney (Rules Civ. Prac., rule 106, subd. 2). Defendants contend that pursuant to section 236 of the Civil Practice Act a corporation must appear by an attorney at law duly...

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