Shareholder litigation commenced against boards of cooperative corporations is often brought both individually and derivatively on behalf of the corporation for good reason. The Business Corporation Law (BCL) broadly provides that a shareholder who is successful, in whole or in part, or who receives anything as a result of a judgment or settlement, in a derivative action, may be awarded reasonable expenses, including reasonable attorneys' fees. BCL Section 626(e). In contrast, the attorneys' fees provisions commonly found in proprietary leases (if any) are much narrower and limit recovery. Dismissing the derivative claims from the lawsuit can significantly change the posture of the litigation and substantially narrow the issues in the case, which can strengthen the board's position and mitigate expenses. This article discusses a basis for seeking dismissal of derivative claims, which may be overlooked by practitioners.