Appellate Division of the Supreme Court of New York, 1952

Kang Jai Ass'n v. Poon Gee Datt

Kang Jai Ass'n v. Poon Gee Datt
Appellate Division of the Supreme Court of New York · Decided February 18, 1952
279 A.D. 872; 110 N.Y.S.2d 424; 1952 N.Y. App. Div. LEXIS 5154
Kang Jai Ass'n v. Poon Gee Datt

Opinion of the Court

Where a complaint states any cause of action, it may not be dismissed on a motion of this character. (Cornehlsen v. Dudensing, 270 App. Div. 1037.) Here the plaintiffs are the corporations and may assert a cause of action for an accounting. (General Corporation Law, §§ 60, 61.) On its face the complaint does not show that the institution of the action has been without proper authorization. Nolan, P. J., Carswell, Wenzel, MaeCrate and Schmidt, JJ., concur.

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