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BREWSTER v. LACY

24 A.D.3d 136 (2005)

805 N.Y.S.2d 56

MARIETTA W. BREWSTER, Appellant, v. ALAN J. LACY et al., Respondents.

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

December 6, 2005.

The complaint, liberally construed, fails to allege facts sufficient to show that a pre-suit demand would have been futile (Business Corporation Law § 626 [c]; see Barr v. Wackman, 36 N.Y.2d 371, 381 [1975]). The complaint is devoid of particularized nonconclusory allegations that defendants were unaware of details of the challenged accounting methodology for bad credit card debt, or of the problems it allegedly entailed, or...

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