Van Aalten v. Mack

Aron Steuer,, J.

Upon the call of the calendar plaintiffs had the case marked discontinued. Defendants now seek by this motion to have the disposition changed so that the action may be held in abeyance rather than terminated; or that the discontinuance be with prejudice.

The action is a stockholders ’ representative action. It appears that another action by one of the same stockholders is pending in Delaware. This court has stayed the prosecution of the Delaware action during the pendency of this action. The object of discontinuing, as frankly admitted by plaintiffs is to be rid of this stay…