Teperman v. Atcos Baths, Inc.

Application for an order annulling the action of the corporate respondent whereby petitioner was removed as director and one of the individual respondents was elected as his successor. In effect, this is a proceeding under section 25 of the General Corporation Law to review a corporate election.

Respondents move to dismiss the petition on the grounds (1) that petitioner has not legal capacity to bring this proceeding ; (2) that the petition does not state facts sufficient to warrant the relief sought and (3) that the petition on its face shows that the relief sought can be obtained only by a…