· 5/24/2016
Ithilien Realty Corp. v. 176 Ludlow, LLC
Citations
- 139 A.D.3d 582
- 33 N.Y.S.3d 182
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that standing rests on whether plaintiff “seek[s] to bring a claim belonging to her personally or one belonging to the corporation itself”
- explaining that such disputes are “governed by the law of the state of incorporation exclusively”
- explaining that when a claim implicates the internal affairs of a corporation, then “under the Commerce Clause and the Full Faith and Credit Clause, Delaware law would apply to the merits” (footnotes omitted)
- noting that holder claims may not be brought as a class action
- describing the “numerous policy and proof problems” inherent in holder claims
- “Tooley and its progeny deal with the narrow issue of whether a claim for breach of fiduciary duty ... must -be asserted derivatively or directly.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Gesmer, Kapnick, Moskowitz, Renwick, Sweeny
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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