HERLART, INC. v. STORER


283 A.D. 1015 (1954)

Herlart, Inc., on Behalf of Itself and All Other Stockholders of Believe It Or Not, Inc., Similarly Situated, Respondent, v. Douglas F. Storer et al., Defendants, and Morton Miller, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 8, 1954.


Per Curiam.

The challenged complaint fails to contain sufficient factual allegations to charge appellant, who was at no time a director of the corporation, with any actionable misconduct. Indeed, the allegations themselves clearly establish the absence of any wrongdoing by appellant against the corporation.

Courts will not interfere with the internal management of a corporation, especially where as here the resolutions attacked insofar as appellant...

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