In Segal v. Powers (180 Misc 2d 57 [Sup Ct, NY County 1999]), the court held that plaintiff's "bald allegation" that he represented 5% of the members was "insufficient and that his failure to name in his pleading the persons who he asserts constitute 5% of the members . . . warrants dismissal of the action." (180 Misc 2d at 59.) However, in Segal , Segal named only himself, and, therefore, failed to name the fellow members who, together with Segal, made up the 5% of membership which he claimed to represent in his derivative action. (Id.)