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TICO, INC. v. BORROK

57 A.D.3d 302 (2008)

868 N.Y.S.2d 522

TICO, INC., et al., Appellants, v. CHARLES R. BORROK et al., Respondents.

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

December 11, 2008.

Although the court properly determined that plaintiffs lacked standing on the basis that they did not make a formal demand on all of the general partners and failed to demonstrate that such a demand would have been futile, dismissal of the complaint with prejudice was improper. A dismissal premised on lack of standing is not a dismissal on the merits for res judicata purposes (see Alco Gravure, Inc. v Knapp Found.,

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