Legal Opinion

Donavan v. Shaheen

New York Supreme Court

Decided June 4, 1962Published

1Opinion of the CourtMatthew M. Levy, J.

This is a motion by certain defendants to dismiss the complaint in a stockholder’s derivative action brought on behalf of MacMillan Ring-Free Oil Co., Inc.

In companion motions heretofore granted, three of the four stockholders who brought the action applied for substitution of attorneys and requested leave to withdraw from the suit. In a later motion, the present movants applied to open the record herein so as to receive, in support of the motion to dismiss, an additional affidavit and exhibits, and for further relief. That application was granted to the extent of including the added material.

2Cases cited5 opinions

  1. Young v. Higbee Co.Supreme Court of the United States · 1945
  2. Johnson v. King-Richardson Co.Court of Appeals for the First Circuit · 1930
  3. Sorin v. Shahmoon Industries, Inc.New York Supreme Court · 1961
  4. Camblos v. Philadelphia & R. R.U.S. Circuit Court for the District of Eastern Pennsylvania · 1873
  5. Breeze v. Lone Pine-Surprise Consolidated Mining Co.Washington Supreme Court · 1905

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