In Schmidt v. Magnetic Head Corp., 97 AD2d 151 (2d Dept 1983), the corporation's posture was that of passive litigant in action involving rights of competing stockholder factions to select a corporate director. Regardless of which faction won, the corporation would not benefit or suffer. Id. However, in Schmidt v. Magnetic Head Corp., 101 AD2d 268, 476 N.Y.S.2d 151 (2d Dept 1984) a related shareholder derivative action alleging that a director had a conflict of interest, corporate waste and negligence by other board members who refused to investigate the allegations against the first board member, the Court disqualified the Fritz Farrell firm from representing both the corporate and individual defendants.