Legal Opinion
People v. Ernst & Young LLP
Appellate Division of the Supreme Court of the State of New York
Decided February 20, 2014PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Jeffrey K. Oing, J), entered on or about January 10, 2013, which granted defendant’s motion to dismiss the claim for disgorgement of fees received from Lehman Brothers Holdings Inc., unanimously reversed, on the law, without costs, and the motion denied.
In this action by the Attorney General brought under New York’s Executive Law and Martin Act (General Business Law art 23-A), it was error to dismiss a claim for the equitable remedy of disgorgement at the pleading stage (see Matter of People v Applied Card Sys., Inc., 11 NY3d 105, 125-126 [2008], cert…
2Cases cited2 opinions
- People v. Applied Card Systems, Inc.New York Court of Appeals · 2008
- Excelsior 57th Corp. v. LernerAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by6 opinions
- The People of the State of New York by Eric T. Schneiderman v. Maurice R. GreenbergNew York Court of Appeals · 2016
- People v. GreenbergAppellate Division of the Supreme Court of the State of New York · 2015
- People v. TrumpAppellate Division of the Supreme Court of the State of New York · 2023
- People v. TrumpAppellate Division of the Supreme Court of the State of New York · 2023
- Federal Trade Commission v. Vyera Pharmaceuticals, LLCDistrict Court, S.D. New York · 2021
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