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PINNACLE v. LEUCADIA NATL.

94 N.Y.2d 426 (2000)

727 N.E.2d 543

706 N.Y.S.2d 46

PINNACLE CONSULTANTS, LTD., Doing Business as TESTA PINNACLE CONSULTANTS, on Its Own Behalf and on Behalf of Shareholders of LEUCADIA NATIONAL CORPORATION, Appellant, v. LEUCADIA NATIONAL CORPORATION et al., Respondents.

Court of Appeals of the State of New York.

Decided February 17, 2000.

Attorney(s) appearing for the Case

Tanner Propp, L. L. P., New York City (Lester J. Tanner of counsel), for appellant.

Weil Gotshal & Manges, L. L. P., New York City (Joseph S. Allerhand, Stephen A. Radin, Miranda S. Schiller and Anthony J. Albanese of counsel), and Pavelic & Leviter, P. C. (Raymond Levites of counsel), for respondents.

Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

Chief Judge KAYE.

At the heart of this factually complex commercial case are two legal issues: first, whether a claim has been stated for breach of fiduciary duty and waste, and second, whether Business Corporation Law § 612 was violated in connection with a merger effectuated by the corporate defendant. Concluding that there was neither, we affirm the Appellate Division order dismissing...

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