Legal Opinion

Johnson v. Proskauer Rose LLP

Appellate Division of the Supreme Court of the State of New York

Decided April 30, 2015No. 652075/11 14349PublishedCited by 30 opinions

1Opinion of the Court

OPINION OF THE COURT

Mazzarelli, J.

On this appeal and cross appeal from the disposition of a motion addressed to the allegations in plaintiffs’ first amended complaint, the following recitation of facts is based strictly on the allegations set forth in that pleading. As this is a motion to dismiss the complaint, the allegations must be assumed to be true. Plaintiffs are individual heirs to the Johnson & Johnson (J & J) fortune, trusts established for the benefit of those individuals, and trustees of the plaintiff trusts. They own many shares of J & J stock, much of it obtained at a low cost…

2Cases cited20 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
  3. Meinhard v. SalmonNew York Court of Appeals · 1928
  4. EBC I, Inc. v. Goldman, Sachs & Co.New York Court of Appeals · 2005
  5. Walker v. SheldonNew York Court of Appeals · 1961

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3Cited by30 opinions

  1. Cortlandt St. Recovery Corp. v. BondermanCourt for the Trial of Impeachments and Correction of Errors · 2018
  2. Nomura Home Equity Loan, Inc., Series 2006-FM2 v. Nomura Credit & Capital, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  3. New York State Workers' Compensation Board v. Program Risk Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
  4. Neogenix Oncology, Inc. v. GordonDistrict Court, E.D. New York · 2015
  5. Rohe v. Bertine, Hufnagel, Headley, Zeltner, Drummon & Dohn, LLPDistrict Court, S.D. New York · 2016

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