Haberman v. Tobin

OPINION

SWEET, District Judge.

Before the court is a motion by defendants John E. Tobin et al., pursuant to Rule 41(b), Fed.R.Civ.P., 1 to dismiss this shareholders’ derivative action, with prejudice, on the ground that plaintiff, Simon Haber-man (“Haberman”), has failed to comply with this court’s order dated April 17,1979. 2 That order, pursuant to both Rule 2 of the Civil Rules of this court and New York Business Corporation Law § 627, required Haberman to post security for costs in the amount of $100,000 or to move for the admission or intervention of additional parties plaintiff, the…