Kerekes v. Greenwood Properties, Inc.

This is a motion by certain defendants in a derivative stockholder’s action (1) to dismiss the summons on the ground that plaintiff failed to state on the face thereof the county of his residence and to designate the place of trial and (2) to dismiss the complaint for legal insufficiency and on the ground that the cause of action therein purported to be set forth did not accrue within three years from September 9, 1958 as to the defendants Schmergel ‘ ‘ and the parties supposed to have been served through him ”, and from September 11, *2331958 with respect to the defendant Kahn; or in the…