Harris v. Lyke

Judgment unanimously affirmed without costs. Memorandum: Supreme Court granted defendants’ motion to dismiss the complaint on the ground that plaintiff lacks standing to bring a derivative action against defendants. Plaintiff contends that he has standing as a member and capital certificate holder of defendant White Haven Memorial Park, Inc. (White Haven) (see, Not-For-Profit Corporation Law § 623 [a]). He also contends that he has standing on public policy and equitable grounds. We affirm.

Pursuant to section 623 (a), "[a]n action may be brought in the right of a * * * corporation to procure…