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DIAMOND v. DOUGFIELD, INC.

17 Misc.2d 914 (1959)

Irving Diamond, Suing for Himself as Stockholder and All Other Stockholders of Dougfield, Inc., Similarly Situated, Plaintiff, v. Dougfield, Inc., et al., Defendants.

Supreme Court, Special Term, Queens County.

April 20, 1959.

Attorney(s) appearing for the Case

Harold R. Kaplan for Samuel Fields, defendant.

Dollinger & Dollinger (Edmund Dollinger of counsel), for plaintiff.

J. IRWIN SHAPIRO, J.

This is a motion for an order, pursuant to rule 106 of the Rules of Civil Practice, dismissing the complaint on the ground that it appears on the face thereof that it does not state facts sufficient to constitute a cause of action.

The action is brought by the plaintiff "suing for Himself as Stockholder, and All Other Stockholders of Dougfield, Inc., in like situation who shall choose to make themselves parties to this action...

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