THE PEOPLE OF THE STATE OF NEW YORK, by ELIOT SPITZER, ATTORNEY GENERAL OF THE STATE OF NEW YORK, et al., Respondents,
v.
MAURICE R. GREENBERG and
HOWARD I. SMITH, Appellants.
AMERICAN INTERNATIONAL GROUP, INC., Nonparty Respondent.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
February 19, 2008.
February 19, 2008.
Attorney(s) appearing for the Case
Boies, Schiller & Flexner LLP, New York City (Nicholas A. Gravante, Jr., Steven I. Froot, Marianne Fogarty, Amy L. Neuhardt, Stephen A. Larson and David Boies of counsel); David Boies, Armonk; Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C., New York City (Robert G. Morvillo of counsel); Skadden, Arps, Slate, Meagher & Flom LLP, New York City (John L. Gardiner and Steven J. Kolleeny of counsel), for Maurice R. Greenberg, appellant.
Winston & Strawn LLP, New York City (Vincent A. Sama, Eric M. Robinson and Catherine B. Schumacher of counsel); Andrew M. Lawler, P.C., New York City, for Howard I. Smith, appellant.
Andrew M. Cuomo, Attorney General, New York City (Jeffrey P. Metzler, Benjamin N. Gutman and Shaifali Puri of counsel), for state respondents.
Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York City (Roberta A. Kaplan, Martin Flumenbaum and Patrick J. Walsh of counsel), for American International Group, Inc., respondent.
MAZZARELLI, J.P., and ANDRIAS, J., concur with MALONE, J.; FRIEDMAN and McGUIRE, JJ., concur in separate opinions.
Appellate Division of the Supreme Court of the State of New York, First Department.
OPINION OF THE COURT
MALONE, J.
In February 2005, American International Group (AIG), a Delaware corporation with its principal place of business in New York, received document subpoenas from the New York Attorney General's Office (NYAG) and the Securities and Exchange Commission relating to two reinsurance transactions involving a subsidiary of AIG and a subsidiary of General Reinsurance Corporation. The inquiries...
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