Teperman v. Williamson

Motion by defendant Atcos Baths, Inc., for an order dismissing the complaint for insufficiency, or, in the alternative, for judgment on the pleadings. In either case, the allegations of the complaint must be assumed to be true.

Plaintiff alleges that she is a stockholder owning 30% of the outstanding capital stock of the corporate defendant. The individual defendants own the remaining 70%. The corporation was organized for the purpose of taking a leasehold on a bathing pavilion at Par Rockaway. The business, obviously seasonal in nature, was operated for a while at a profit when *1046plaintiff’s…