Croen v. Gottlieb

This is a motion by the individual defendants, Max and Robert Fleischer, August J. Bartko and the corporate defendants for the following relief: (1) to dismiss the complaint pursuant to subdivision 2 of rule 107 of the Rules of Civil Practice as to plaintiffs, Maurice and Jack Schrier, upon the ground that pursuant to section 61 of the General Corporation Law said plaintiffs have no legal capacity to sue; (2) to dismiss that portion of the complaint which alleges corporate waste and injury to corporate property pursuant to subdivision 5 of rule 107 of the Rules of Civil Practice, upon the…