Opinion
2371, 2371A.
December 4, 2003.
Judgment, Supreme Court, New York County (Helen Freedman, J.), entered October 17, 2002, which dismissed the complaint, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered October 8, 2002, which granted defendants' cross motion to dismiss, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.
Bradley R. Mathews, for Plaintiff-Appellant.
Carmine D. Boccuzzi, for Defendants-Respondents.
Before: Nardelli, J.P., Mazzarelli, Andrias, Williams, JJ.
Delaware, the state of incorporation, where shareholder derivative actions challenging these same transactions were already being litigated, has a paramount interest in claims involving the corporation's internal affairs ( see Sturman v. Singer, 213 A.D.2d 324; Hart v. General Motors Corp., 129 A.D.2d 179, lv denied 70 N.Y.2d 608).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.