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SIEGEL v. J.P. MORGAN CHASE & CO.

9411, 651974/11.

103 A.D.3d 598 (2013)

960 N.Y.S.2d 104

2013 NY Slip Op 1336

MARTIN J. SIEGEL, Appellant, v. J.P. MORGAN CHASE & CO. et al., Respondents.

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

February 28, 2013.

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered August 24, 2012, which granted defendants' motion to dismiss the complaint, unanimously affirmed, with costs.

Delaware law governs the issue of whether pre-suit demand in this derivative action is excused (see Hart v General Motors Corp., 129 A.D.2d 179, 182-183 [1st Dept 1987], lv denied 70 N.Y.2d 608 [1987]). Contrary to plaintiff's contention...

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