AUERBACH v. BENNETT


47 N.Y.2d 619 (1979)

Elias Auerbach, Plaintiff, and Stanley Wallenstein, as Executor of Ida S. Wallenstein, Deceased, Respondent, v. William F. Bennett et al., Appellants.

Court of Appeals of the State of New York.

Decided July 9, 1979.


Attorney(s) appearing for the Case

Peter M. Fishbein, Steven J. Glassman, Myron Kirschbaum, Peter H. Morrison, Benjamin Zelermyer, Dean C. Rohrer and Samuel J. Wilson for William F. Bennett and others, appellants.

Edward J. Ross, James D. Zirin and George F. Vary for Arthur Andersen & Co., appellant.

Martin R. Gold, John M. Schwartz and Elliott J. Weiss for respondent.

Judges JASEN, WACHTLER, FUCHSBERG and MEYER concur with Judge JONES; Chief Judge COOKE dissents and votes to affirm in a separate opinion; Judge GABRIELLI taking no part.


JONES, J.

While the substantive aspects of a decision to terminate a shareholders' derivative action against defendant corporate directors made by a committee of disinterested directors appointed by the corporation's board of directors are beyond judicial inquiry under the business judgment doctrine, the court may inquire as to the disinterested independence of the ...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases