Tarlow v. Archbell

No essential allegation not shown to be sham survives defendants’ motion addressed to the first cause of action. *838(Zwerdling v. Bent, 264 App. Div. 195, affd. 291 N. Y. 654.) The undisputed documentary evidence, the affidavits and concessions of plaintiffs’ accountant show that the bonus computations, audited by independent accountants, were based on the net profits as recorded in the company’s own books of account, reported to the stockholders and stated in accordance with accepted principles of accounting. Where there is a mere difference of opinion as to the application of accepted methods…