Tomczak v. Trepel

—Order, Supreme Court, New York County (Alice Schlesinger, J.), entered February 18, 1997, which granted now-deceased defendant Edward W. Mallen’s motion to dismiss and denied plaintiffs’ cross motion for leave to amend the complaint, unanimously affirmed, without costs.

This derivative action, seeking to nullify the sale of the headquarters of the Polish Democratic Club of Greater New York, Inc., was properly dismissed since the allegations in plaintiffs’ amended verified complaint failed to “set forth with particularity the efforts of* * * plaintiffs to secure the initiation of such action…