LEWIS v. RIKLIS


82 A.D.2d 789 (1981)

Harry Lewis et al., Suing on Behalf of AITS, Inc., Appellants, v. Meshulam Riklis et al., Respondents

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

June 30, 1981


The individual defendants are directors of the defendant corporation with Riklis being the president of the company and cochairman of the board of directors. The complaint, in mere conclusory fashion, seeks damages for alleged corporate waste. The dissent concedes that in a derivative action a "protective order should issue unless plaintiff presents `"factual allegations of evidentiary value to establish the charges of improper conduct"'" (Stepak v Alexander's, Inc.

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