MacKay v. Pierce

In a shareholder’s derivative suit, defendants appeal from so much of an order of the Supreme Court, Nassau County (Robbins, J.), entered October 16,1981, as (1) denied the branch of their motion which sought to dismiss the amended complaint for failure to state a cause of action and (2) granted the branch of plaintiff’s cross motion which sought to disqualify defendants’ attorneys from representing the corporate defendant. Order affirmed insofar as appealed from, with $50 costs and disbursements. On a motion to dismiss for failure to state a cause of action, the facts alleged in the…