Bleakney v. Schrauff

Walter, K. Hart, J.

Plaintiff moves to strike the affirmative defenses to the amended complaint herein which alleges five causes of action. In four of these plaintiff purports to allege causes of action in his own right and in the other (second cause of action) he proceeds as a stockholder in the right of the corporation. While the first cause of action purports to allege a cause in his own right, the allegations thereof primarily allege wrongs to the corporation and border on insufficiency (cf. Gilbert v. Burnside, 6 A D 2d 834). This cause of action is against the corporation, its directors…