Appellate Division of the Supreme Court of the State of New York January 10, 2006 (Benishai v. Benishai)

Order, Supreme Court, New York County (Herman Cahn, J.), entered February 28, 2005, which, in an action for alleged mismanagement and conversion of corporate assets brought by appellant as plaintiff shareholder’s purported attorney in fact, granted defendant’s motion to dismiss the complaint for lack of capacity to sue, unanimously affirmed, without costs.