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BRAWER v. LEPOR

Index No. 652334/17. Appeal No. 12371-12372-12373. Case No. 2019-4821.

188 A.D.3d 482 (2020)

135 N.Y.S.3d 398

2020 NY Slip Op 06446

Michael Brawer, Individually and Acting for and on Behalf of MedReviews, LLC, Appellant-Respondent, v. Herbert Lepor, Respondent-Appellant, and Jeffrey Arnold et al., Respondents.

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

Decided November 12, 2020.

The derivative claims were correctly dismissed. By making a demand on the officers of the Company, plaintiff conceded that they were disinterested and independent for purposes of responding to the demand; therefore, the court's role is limited by the business judgment rule to assessing the good faith and reasonableness of their investigation (Spiegel v Buntrock, 571 A.2d 767, 775-776 [Del 1990]; Andersen v Mattel, Inc., 2017...

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