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STEINER v. LOZYNIAK

261 A.D.2d 131 (1999)

687 N.Y.S.2d 256

KENNETH STEINER, Appellant, v. ANDREW LOZYNIAK et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 4, 1999.

We agree with the motion court that plaintiff fails to make a meritorious showing of self-dealing or bad faith by defendants such as would warrant judicial inquiry into their decisions with respect to the subject merger in derogation of the business judgment rule (see, Norlin Corp. v Rooney, Pace, 744 F.2d 255, 264-265). Nor does plaintiff show any wrongful means necessary to his claim for tortious interference with prospective business...

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