9 A.D.2d 648 | N.Y. App. Div. | 1959
Order granting plaintiff’s motion to discontinue stockholders’ derivative action, insofar as appealed from, unanimously affirmed, without costs to any party. Since the proceedings in this action had never developed intensively, discretion warrants the granting of permission to plaintiffs to voluntarily discontinue the action, albeit with prejudice to the particular plaintiffs. In a proper case, however, in which the proceedings were more extensively developed, the court not only has the power, but might well exercise it, to require a further condition to voluntary discontinuance. Thus, in order to give harassed defendants, if that be
