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MEISSNER v. YUN

650913/12. 3434. 3433.

150 A.D.3d 455 (2017)

2017 NY Slip Op 03842

55 N.Y.S.3d 163

JOERN MEISSNER, Appellant, v. TRACY YUN et al., Respondents.

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

Decided May 11, 2017.

The motion court correctly held that plaintiff lacked standing to assert derivative claims on behalf of Manhattan Review LLC since he never commenced a proceeding with the Delaware Chancery Court to nullify or revoke the company's certificate of cancellation (Otto v Otto, 110 A.D.3d 620 [1st Dept 2013], citing Del Code Ann tit 6, § 18-805; Matthew v Laudamiel, 2012 WL 605589, *21-22, 2012 Del Ch LEXIS 38, *76 [Feb. 21...

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