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AVRAMIDES v. MOUSSA

5697. 155420/15.

158 A.D.3d 499 (2018)

71 N.Y.S.3d 35

2018 NY Slip Op 01035

MICHAEL AVRAMIDES, Appellant, v. SHERIF MOUSSA et al., Respondents. 319 E. 50TH ST. OWNERS CORP. et al., Nominal Respondents.

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

Decided February 13, 2018.

Plaintiff did not sufficiently plead that a pre-suit demand on the director defendants would have been futile (Marx v Akers, 88 N.Y.2d 189, 200-201 [1996]). The amended complaint lacks the necessary particularity to support plaintiff's futility allegations (see Business Corporation Law § 626 [c]; Barr v Wackman, 36 N.Y.2d 371, 379 [1975]).

The motion court also correctly...

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