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EZRASONS, INC. v. RUDD

Index No. 656400/20. Appeal Nos. 356, M-1227. Case No. 2022-04657.

217 A.D.3d 406 (2023)

191 N.Y.S.3d 349

2023 NY Slip Op 02938

Ezrasons, Inc., as a Shareholder of and Derivatively on Behalf of Barclays PLC, Appellant, v. Sir Nigel Rudd et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 1, 2023.

Attorney(s) appearing for the Case

Bottini & Bottini, Inc., New York (Albert Y. Chang of counsel), for appellant.

Skadden, Arps, Slate, Meagher, & Flom LLP, New York (Lara A. Flath of counsel), for respondents.

Concur—Kapnick, J.P., Oing, Gesmer, Singh, Shulman, JJ.

Order, Supreme Court, New York County (Robert R. Reed, J.), entered on or about May 5, 2022, which granted defendants' motion to dismiss the complaint for lack of standing, unanimously affirmed, with costs.

The court correctly dismissed the complaint based on plaintiff's lack of standing to bring this shareholder derivative action. The "internal affairs" doctrine is a "conflict of laws" principle that provides that "claims concerning the relationship between the corporation...

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