MOORE v. FABRICS BY DECORAMA, INC.


17 A.D.2d 612 (1962)

Adolph Moore, Individually and as Stockholder, Officer and Director of Fabrics by Decorama, Inc., Respondent, v. Fabrics by Decorama, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

July 3, 1962


Order entered on April 25, 1962, denying motion to separately state and number the causes of action and to strike certain allegations of the complaint, unanimously affirmed, without costs.

The suit is a stockholder's derivative action. The title describes the plaintiff as suing in a representative capacity and also individually. However, at Special Term and on this appeal he has denied any intent to sue individually. Decision here and below has been on that basis...

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