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SEGAL v. POWERS

180 Misc.2d 57 (1999)

687 N.Y.S.2d 589

David Segal, in the Right of the Downtown Athletic Club, and on Behalf of All Other Members of Said Corporation Similarly Situated, Plaintiff, v. Frank Powers et al., Defendants.

Supreme Court, New York County.

March 16, 1999

Attorney(s) appearing for the Case

Gilbert, Segall & Young, New York City, for defendants. David Segal, New York City, plaintiff pro se.

EDWARD H. LEHNER, J.

Before me is a motion by defendants to dismiss, pursuant to CPLR 3211 (a) (3), a purported derivative action on behalf of the Downtown Athletic Club (the Club) on the grounds that (i) plaintiff David Segal does not have standing to commence this action, and (ii) the complaint does not allege an adequate demand upon the Board of Governors of the Club (the Board) to institute the action.<...

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