Shapolsky v. Shapolsky – Case Brief Summary (New York)

In Shapolsky v. Shapolsky (22 AD2d 91, 253 NYS2d 816 [1st Dept 1964]), plaintiff demanded "that each of the defendants 'account to plaintiff for all dividends and distributions to which plaintiff is entitled."

The Court faulted plaintiff for failing to clearly and specifically state the basis for the alleged entitlement to the accounting sought.

The Court held "there is nothing in the complaint from which it can be determined whether it is claimed that dividends had been declared, and that having been declared plaintiff did not receive them.

It is also quite possible that the plaintiff is really complaining about the respective corporations' failure to declare dividends.

If that be the plaintiff's claim, then his action would not be against the individuals but only against the corporations. It is rather difficult for the defendant to answer that phase of the complaint upon allegations so vaguely stated, and demand for relief so indefinitely set forth."