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DANIEL O'NEILL v. WARBURG, PINCUS & COMPANY

39 A.D.3d 281 (2007)

833 N.Y.S.2d 461

LAWRENCE DANIEL O'NEILL et al., Appellants, v. WARBURG, PINCUS & COMPANY et al., Respondents. PHILIP BAILLIEU et al., Appellants, v. WARBURG, PINCUS & COMPANY et al., Respondents.

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

Decided April 10, 2007.

"[U]nder common-law rules matters of procedure are governed by the law of the forum" (Martin v Dierck Equip. Co., 43 N.Y.2d 583, 588 [1978]). The question whether plaintiffs had standing to bring this action is a procedural matter (see Mertz v Mertz, 271 N.Y. 466, 473 [1936]). We reject their argument that the motion court erred in applying New York law, as opposed to Irish law, to this issue.

"An individual shareholder...

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