Lerner v. Prince: New York Appellate Division Holds No Right to Discovery in Demand-Refused Litigation, Applies Delaware Substantive Law
May 28, 2014
On May 22, 2014, in Lerner v. Prince, the New York Appellate Division held that the plaintiff’s right to discovery in a demand-refused derivative action is a substantive question, rather than a procedural one, and thus is governed by the law of the state where the corporation is chartered rather than the law of the forum state.
