HRIBAR v. MARSH & McLENNAN COMPANIES, INC.

2008-00688

73 A.D.3d 859 (2010)

900 N.Y.S.2d 449

GEORGE M. HRIBAR, as Personal Representative of the Estate of FRANK A. LEE, JR., Deceased, et al., Appellants, v. MARSH & McLENNAN COMPANIES, INC., et al., Respondents.

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

Decided May 11, 2010.


Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs' contention, the Supreme Court properly granted the defendants' respective motions pursuant to CPLR 3211 to dismiss the amended complaint. In this action governed by Delaware law, a court, in distinguishing between a derivative and direct action, is required to "look to the nature of the wrong and to whom the relief should go. The stockholder's claimed direct injury must be independent of any...

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