Opinion
February 18, 1952.
In an action by membership corporations against two officers for an accounting by reason of alleged improper appropriation of funds, and for other relief, order denying motion under subdivision 5 (now subdivision 4) of rule 106 of the Rules of Civil Practice, to dismiss complaint, affirmed, with $10 costs and disbursements. 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, MacCrate and Schmidt, JJ., concur.