Brilliant v. Long Island Waste Co.

This is a minority stockholder’s action, wherein defendants move to dismiss the complaint for insufficiency. Alternative relief is sought to the effect that plaintiff be required separately to state and number causes of action.

The attack on the complaint is predicated on the argument that it alleges conclusions of law rather than facts. We proceed to examine it to determine whether this criticism is justified.

Plaintiff is the widow of one Morton Brilliant. During his lifetime he, together with the other individual defendants, owned all of the outstanding stock of the defendant corporations.…