Donavan v. Shaheen

This is a stockholders’ derivative action. It was instituted by four plaintiffs, suing on behalf of themselves and on behalf of all other stockholders of the subject corporation and in its right.

Alleging that their participation as plaintiffs was without their knowledge and consent and that any authorization signed by them was obtained by misrepresentation, the plaintiffs moved for leave to withdraw as such, and they also sought substitution of an attorney for their present one. Subsequent to the service of the notices of motion, the plaintiff Donavan submitted an affidavit revoking his…