Surowitz v. Hilton Hotels Corp.

Rule 23 (b) directs that in a derivative suit “the complaint shall be verified by oath” but nothing dictates that the verification be that of the plaintiff shareholder. See Bose v. 39 Broadway, Inc., 80 F. Supp. 825. In the present circumstances, it seems to me the affidavit of Walter J. Rockier, counsel for Mrs. Surowitz, amounts to an adequate verification by counsel, which I think is permitted by a reasonable interpretation of the Rule at least in cases such as this. On this premise, I agree with the decision of the Court.