Wyckoff v. Sagall

Motion to dismiss complaint upon the ground that it fails to state facts sufficient to constitute a cause of action and that plaintiff is without legal capacity to sue.

The plaintiff brought this action against the individual defendants, officers and directors of defendant Telicon Corporation charging them with misconduct and to compel them to account and for other appropriate relief (General Corporation Law, § 60); he brings the action “ as an officer and director of Telicon, and the plaintiff is also suing herein individually as a stockholder on behalf of himself and all other stockholders…