KAPLAN v. PEAT, MARWICK, MITCHELL & CO.

Civ. A. No. 7124.

529 A.2d 254 (1987)

Bernard KAPLAN, Martin Fox and Warren Opal, trustees, on behalf of the Chase Manhattan Corporation, derivatively, Plaintiffs, v. PEAT, MARWICK, MITCHELL & CO., Defendant, and The Chase Manhattan Corporation, Nominal Defendant.

Court of Chancery of Delaware, New Castle County.

Decided: May 12, 1987.


Attorney(s) appearing for the Case

Thomas G. Hughes and Mark D. Sisk, of Hughes and Sisk, Wilmington, Jerome M. Congress (argued), and Virginia A. LoPreto, of Milberg, Weiss, Bershad, Specthrie & Lerach, New York City, Carol A. Broderick, of Greenfield & Chimicles, Haverford, Pa., for plaintiffs.

Allen M. Terrell, Jr. and Kevin G. Abrams, of Richards, Layton & Finger, Wilmington, Victor M. Earle, III (argued), William T. Hegarty, and Allen S. Joslyn, of Cahill, Gordon & Reindel, New York City, for defendant Peat, Marwick, Mitchell & Co.

Robert K. Payson, of Potter Anderson & Corroon, Wilmington, for Chase Manhattan Corp.


OPINION

JACOBS, Vice-Chancellor.

This stockholder's derivative action was brought on behalf of The Chase Manhattan Corporation and its wholly-owned subsidiary, The Chase Manhattan Bank (collectively "Chase"), against Chase's former accountants, Peat, Marwick, Mitchell & Co. ("PMM"), for damages allegedly sustained as a result of financial dealings in which PMM had acted as Chase's independent auditor. The plaintiffs charge that PMM breached its duty...

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