The motion court properly dismissed so much of the complaint as sought documents. Unlike fraud or breach of fiduciary duty, "seeking documents" is not a cause of action. To the extent plaintiff's pro se complaint, supplemented by his opposition to ICBC's motion to dismiss, can be read to allege fraud, breach of fiduciary duty, and violation of Business Corporation Law § 713, those claims are derivative rather than direct. His argument that he adequately pled demand futility...
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