Cravatts v. Klozo Fastener Corp.

WEINFELD, District Judge.

Plaintiff moves to strike a counterclaim interposed by the Klozo Fastener Corp. sued together with three individual defendants. The three individual defendants, the plaintiff, and one other constitute all the stockholders and directors of the defendant-corporation. They are also all the directors and stockholders of another corporation, Swan Fastener Corp.

The plaintiff asserts two claims — one is a stockholders’ derivative action for an accounting from the individual defendants for alleged diversion of corporate funds; the other seeks to declare null and void a notice…