Siegel v. Engelmann

Defendants move to dismiss the first and second causes of action of the amended complaint pursuant to subdivision 2 of rule 107 of the Rules of Civil Practice, on the ground that the plaintiffs have not legal capacity to sue in that said causes of action accrued in favor of the corporation and not in favor of the individual plaintiffs and that, therefore, they should be.required to institute a derivative action..

Defendants further move to dismiss the third cause of action under rule 106 on the ground that it fails to state facts sufficient to constitute a cause of action.

All three causes of…