THE PEOPLE OF THE STATE OF NEW YORK, by ERIC T. SCHNEIDERMAN, Attorney General of the State of New York, Respondent,
v.
MAURICE R. GREENBERG et al., Appellants.
Court of Appeals of New York.https://leagle.com/images/logo.png
Argued May 3, 2016.
Decided June 2, 2016.
Attorney(s) appearing for the Case
Boies, Schiller & Flexner LLP, Armonk ( David Boies of counsel), Boies, Schiller & Flexner LLP, New York City ( Nicholas A. Gravante, Jr. , Robert J. Dwyer and Amy L. Neuhardt of counsel), Skadden, Arps, Slate, Meagher & Flom LLP, New York City ( John L. Gardiner of counsel), and Charles Fried , Cambridge, Massachusetts, of the Massachusetts bar, admitted pro hac vice, for Maurice R. Greenberg, appellant, and Kaye Scholer LLP, New York City (Vincent A. Sama and Catherine B. Schumacher of counsel), and Andrew M. Lawler, P.C., New York City (Andrew M. Lawler of counsel), for Howard I. Smith, appellant.
Susan Ann Silverstein , AARP Foundation Litigation, Washington, D.C., for AARP, amicus curiae.
Anne-Valerie Mirko , General Counsel, North American Securities Administrators Association, Inc., Washington, D.C., for North American Securities Administrators Association, Inc., amicus curiae.
Mayer Brown LLP, Washington, D.C. ( Andrew J. Pincus and Paul W. Hughes of counsel), for Chamber of Commerce of the United States of America and another, amici curiae.
Chief Judge DiFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM and FAHEY concur; Judge GARCIA taking no part.
OPINION OF THE COURT
STEIN, J.
This appeal is the second to have come before us challenging the denial of motions for summary judgment dismissing the complaint in this action, which was commenced in 2005 by the Attorney General under the Martin Act (General Business Law art 23-A) and Executive Law § 63 (12) against defendants, two...
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