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ALLANNIC v. LEVIN

57 A.D.3d 443 (2008)

870 N.Y.S.2d 286

CYRILLE ALLANNIC et al., Appellants, v. PAUL LEVIN et al., Respondents.

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

December 30, 2008.

The business judgment rule does not foreclose inquiry into the disinterested independence of those members of the board chosen to make the corporate decision on its behalf (Auerbach v Bennett, 47 N.Y.2d 619, 631 [1979]). The rule shields such directors only if they possess a disinterested independence and do not have dual relations that prevent an unprejudicial exercise of judgment (id.; Matter of Comverse Tech., Inc. Derivative...

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