Sire Plan, Inc. v. Mintzer

A motion by plaintiffs for injunctive relief is met by a cross motion to dismiss the complaint on various grounds. The cross motion will be considered first.

The cross motion seeks: (a) to dismiss the complaint as insufficient or to excise those subdivisions of paragraph 4 thereof which the court finds insufficient as conclusory, (b) to dismiss the complaint on the ground that Davidson, who purports to bring this action on behalf of the corporate plaintiffs, is not an officer or director of any of them and, therefore, lacks legal capacity to sue, and (c) to dismiss the complaint as to 5 of the…