WEISER v. GRACE


179 Misc.2d 116 (1998)

683 N.Y.S.2d 781

Joyce Weiser et al., Plaintiffs, v. Margaret F. Grace, as Executrix of J. Peter Grace, Jr., Deceased, et al., Defendants.

Supreme Court, New York County.

August 31, 1998


Attorney(s) appearing for the Case

Bizar, Martin & Taub, L. L. P. (Irving Bizar of counsel), Abbey, Gardy & Squitieri, L. L. P. (Judith L. Spanier of counsel), and Robinson, Curley & Clayton, P. C. (Fay Clayton of counsel), for plaintiffs. Milbank, Tweed, Hadley & McCloy (Toni C. Lichstein of counsel), for Margaret F. Grace, defendant. Wachtell, Lipton, Rosen & Katz (Marc Wolinsky of counsel), for Thomas A. Holmes and others, defendants. Arkin, Schaffer & Supino, L. L. P. (Stanley Arkin of counsel), for Charles H. Erhart, Jr., and others, defendants. Rosenman & Colin, L. L. P. (Gerald Walpin of counsel), for J. P. Bolduc, defendant. Parcher, Hayes & Liebman, P. C. (Jonathan Liebman of counsel), for J. Peter Grace, III, defendant. Patterson, Belknap, Webb & Tyler, L. L. P. (Blair Axel of counsel), for W. R. Grace & Co., defendant. Cravath, Swaine & Moore (Evan R. Chesler and Keith R. Hummel of counsel), for Special Litigation Committee.


BARRY A. COZIER, J.

Plaintiffs move for an order compelling the Special Litigation Committee of the W. R. Grace & Co. Board of Directors (the SLC) to produce witness outlines, notes and summaries of interviews conducted by the SLC and its counsel, which interviews form the basis of the SLC's pending motion to dismiss the amended complaint.

BACKGROUND

In this derivative action, plaintiffs...

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