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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.