NY Biz Law Gets A Boost From Del. Derivative Suit Test

Law360, New York (August 9, 2012, 7:26 PM EDT) -- A New York appeals court's decision to co-opt Delaware's “common sense” test for whether a commercial suit qualifies as a derivative suit will leave the state's commercial law more predictable and make the Empire State a more attractive venue for business litigation, experts said Thursday.

Writing for a unanimous five-judge panel in the New York Appellate Division's First Department, which handles the international business epicenter of Manhattan, Justice Karla Moskowitz — herself a veteran of the state's commercial trial court — conceded in Martin Yudell et...
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