← Cases

Kang Jai Ass'n v. Poon Gee Datt

279 A.D. 872 Court N.Y. App. Div. Decision date 1952-02-18 English

Contents

Majority

p. 872
Kang Jai Association, Inc., et al., Respondents, v. Poon Gee Datt et al., Appellants.

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.