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DECKTER v. ANDREOTTI

8670, 654390/15.

170 A.D.3d 486 (2019)

96 N.Y.S.3d 168

2019 NY Slip Op 01717

Albert Deckter, Derivatively on Behalf of Bristol-Myers Squibb Co., Appellant, v. Lamberto Andreotti et al., Respondents, et al., Defendants.

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

Decided March 12, 2019.

Derivative plaintiff/nominal defendant Bristol-Myers Squibb Co. (BMS) is a Delaware corporation. Therefore, "[t]he issue [of] whether a pre-suit demand is required or excused is governed by the law of Delaware" (Wandel v Dimon, 135 A.D.3d 515, 516 [1st Dept 2016]). Under Delaware law, appellate review of a lower court's decision to dismiss on the ground that demand was not excused "is de novo and plenary" (Brehm v Eisner...

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