De Baryshe v. Kidwell

The individual defendant appeals from an order of Supreme Court, Schenectady County, entered in Essex County Clerk’s office March 28, 1953, denying a motion for the dismissal of the complaint herein on the ground of the failure on its face to state facts sufficient to constitute a cause of action. (Rules Civ. Prae., rule 106, subd. 4.) The complaint alleges two purported causes of action, one in plaintiff’s individual capacity for damages, and the other as a stockholder of the corporate defendant for an accounting by defendant Kidwell to the corporation. The allegations of the complaint set…