Sorin v. Sharmoon

Edgar J. Nathan, Jr., J.

This is a stockholders’ derivative action. Defendants move pursuant to rule 106 of the Rules of Civil Practice, to dismiss the complaint for failure to state a cause of action. They also move on affidavits (Rules Civ. Prac., rule 107) for a dismissal of each of the two causes of action set forth in the complaint asserting, in one instance, that suit is premature and, in the other, that plaintiffs acquired their stock too late.

Plaintiffs allege that they became owners of stock in defendant corporation in March, 1954. Prior thereto and up to the present it is alleged…