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MacKAY v. PIERCE

86 A.D.2d 655 (1982)

Douglas S. MacKay, Suing Derivatively for The Benefit of Long Island Lighting Company, Respondent, v. Charles R. Pierce et al., Appellants

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

January 29, 1982

Order affirmed insofar as appealed from, with $50 costs and disbursements.

On a motion to dismiss for failure to state a cause of action, the facts alleged in the complaint must be assumed to be true and the complaint liberally construed in plaintiff's favor (Barr v Wackman, 36 N.Y.2d 371). The complaint charges, inter alia, that the individual defendants, as officers and directors of the corporate defendant, Long...

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