PEOPLE v. MOORE

9400, 401004/12.

103 A.D.3d 592 (2013)

959 N.Y.S.2d 911

2013 NY Slip Op 1328

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN C. MOORE et al., Appellants.

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

February 28, 2013.


Order, Supreme Court, New York County (Anil C. Singh, J.), entered September 17, 2012, which denied defendants' motion to dismiss the complaint, unanimously affirmed, without costs.

The motion to dismiss the complaint against defendants, a not-for-profit corporation and its directors, was properly denied. Defendants are not entitled to pre-discovery dismissal of the complaint based on the business judgment rule where, as here, the complaint is replete with allegations...

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