McQuade v. Cook

In this stockholder’s derivative action, defendant Cook moves for an order dismissing each cause of action alleged in the amended complaint for legal insufficiency or, in the alternative, for other relief pursuant to various Buies of Civil Practice. *436The present complaint contains eighteen causes of action. Defendant Cook claims that it is insufficient for failure to allege either a prior demand upon the corporation or facts obviating the necessity therefor.

Defendant Cook is the president of the corporation. He and his wife own 55% of its common stock. The complaint charges, among other…