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DIGITAL BROADCAST CORPORATION v. LADENBURG, THALMANN & CO., INC.

63 A.D.3d 647 (2009)

DIGITAL BROADCAST CORPORATION, Appellant, v. LADENBURG, THALMANN & CO., INC., et al., Respondents, et al., Defendants.

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

Decided June 30, 2009.

The breach of contract claim was properly dismissed because there was no objective criteria against which the Ladenburg and Intrater defendants' efforts could be measured (Timberline Dev. v Kronman, 263 A.D.2d 175, 178 [2000]). Furthermore, these defendants' efforts to market the securities only to institutional investors are protected as an exercise of good faith business judgment (see In re Chateaugay Corp.,

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