PEOPLE v. GREENBERG

No. 63

21 N.Y.3d 439 (2013)

994 N.E.2d 838

971 N.Y.S.2d 747

2013 NY Slip Op 4726

THE PEOPLE OF THE STATE OF NEW YORK, by ANDREW M. CUOMO, Attorney General of the State of New York, Respondent, v. MAURICE R. GREENBERG et al., Appellants.

Court of Appeals of New York.

Decided June 25, 2013.


Attorney(s) appearing for the Case

Boies, Schiller & Flexner LLP, Armonk ( David Boies of counsel), and Boies, Schiller & Flexner LLP, New York City ( Nicholas A. Gravante, Jr. and Robert J. Dwyer of counsel), Skadden, Arps, Slate, Meagher & Flom LLP ( John L. Gardiner of counsel), Charles Fried , of the Massachusetts bar, admitted pro hac vice, of counsel, Kaye Scholer LLP ( Vincent A. Sama and Catherine B. Schumacher of counsel) and Andrew M. Lawler, PC. ( Andrew M. Lawler of counsel), for appellants.

Eric T. Schneiderman , Attorney General, New York City ( Barbara D. Underwood , Richard Dearing , Won S. Shin and David Ellenhorn of counsel), for respondent.

James J. Park , Brooklyn, amicus curiae.

Kate Stith , of the Connecticut bar, admitted pro hac vice, amicus curiae.

Susan Ann Silverstein , Washington, D.C. ( Michael Schuster of counsel), for AARP, amicus curiae.

Mayer Brown LLP, Washington, D.C. ( Andrew J. Pincus , Paul W. Hughes and Michael B. Kimberly of counsel), Robin S. Conrad , Kathryn Comerford Todd , Maria Ghazal and Kevin Carroll , for Chamber of Commerce of the United States of America and others, amici curiae.

Joseph Brady , General Counsel, North American Securities Administrators Association, Inc., Washington, D.C. ( Rick A. Fleming , A. Valerie Mirko and Joseph J. Opron, III , of counsel), for North American Securities Administrators Association, Inc., amicus curiae.

O'Melveny & Myers LLP, Washington, D.C. ( Walter Dellinger and Deanna Rice of counsel), and O'Melveny & Myers LLP, New York City ( Andrew J. Frackman and Anton Metlitsky of counsel), for former state and federal governmental officials, amicus curiae.

George Jepsen , Attorney General, Hartford, Connecticut ( Dinah J. Bee of counsel), and William H. Sorrell , Attorney General, Montpelier, Vermont, for the State of Connecticut and another, amici curiae.

Judges GRAFFEO, READ, PIGOTT, RIVERA, ABDUS-SALAAM and MASTRO concur; Chief Judge LIPPMAN taking no part.


OPINION OF THE COURT

SMITH, J.

We hold that the Attorney General's claims against two former officers of American International Group, Inc. (AIG) have sufficient support in the record to withstand summary judgment.

The Attorney General began this civil suit against AIG, Maurice Greenberg and Howard Smith in 2005. Until shortly before the suit was brought, Greenberg was the chief executive officer...

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