Legal Opinion

People v. Thain

New York Supreme Court

Decided March 18, 2009PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Bernard J. Fried, J.

This petition was brought by the Attorney General of the State of New York pursuant to CPLR 2308 (b) to compel compliance with his subpoena dated January 27, 2009, issued to John A. Thain, former Chief Executive Officer (CEO) of Merrill Lynch & Co., Inc. The Attorney General issued the subpoena to Thain under the authority of the Martin Act (General Business Law § 352 et seq.) and Executive Law § 63 (12), as part of his investigation into the timing, propriety, and disclosure of $3.6 billion in bonus payments made by Merrill Lynch on the eve of its…

2Cases cited21 opinions

  1. Ashland Management Inc. v. JanienNew York Court of Appeals · 1993
  2. Carlisle v. BennettNew York Court of Appeals · 1935
  3. Vantage Petroleum, Bay Isle Oil Co., Inc. v. Bd. of Assessment Review of the Town of BabylonNew York Court of Appeals · 1984
  4. American Dental Cooperative, Inc. v. Attorney-GeneralAppellate Division of the Supreme Court of the State of New York · 1987
  5. EarthWeb, Inc. v. SchlackDistrict Court, S.D. New York · 1999

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3Cited by2 opinions

  1. MBIA Inc. v. Federal InsuranceCourt of Appeals for the Second Circuit · 2011
  2. People v. HarrisCriminal Court of the City of New York · 2012

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