Aberdeen Hills Second Corp. v. Biafore

EGAN, District Judge.

This is a motion by the defendants to dismiss the complaint on the grounds that the plaintiff corporation was not duly authorized to maintain this action and that as to the corporate defendants the complaint does not adequately state a cause of action against them.

On a motion to dismiss, all the facts well pleaded in the complaint must be taken as admitted.

“It is also well-settled that on a motion to dismiss the complaint must be viewed in the light most favorable to the plaintiff and that the complaint should not be dismissed unless it appears to a certainty that the…