From Casetext: Smarter Legal Research

Rosenfeld v. Bear Stearns Co., Inc.

Appellate Division of the Supreme Court of New York, First Department
Mar 25, 1997
237 A.D.2d 199 (N.Y. App. Div. 1997)

Summary

describing the scope of the inquiry

Summary of this case from In re HSBC Bank U.S.A., N.A.

Opinion

March 25, 1997.

Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered February 16, 1996, which, inter alia, approved the proposed settlement, dismissed the complaint on the merits and with prejudice, and awarded $560,000 in attorneys' fees, unanimously affirmed, with costs.

Before: Ellerin, J.P., Wallach, Nardelli, Tom and Mazzarelli, JJ.


The IAS Court properly approved as fair, adequate and in the best interests of the class a settlement that required defendants to disclose to their customers that they received compensation from borrowing and lending securities in their customers' margin accounts, but did not provide any cash benefits to the class members, where the likelihood of success was highly questionable in view of defendants' then pending motion to dismiss on Federal preemption grounds ( see, Guice v Schwab Co., 89 NY2d 31); only 253 of the over 5 million class members opted out and only 55 members objected; the complaint sought predominantly equitable relief; the negotiations were conducted at arm's length and over an extensive period; the likelihood of proving individual damages was remote; and the cost of establishing such damages would likely exceed the amount recovered ( see, Matter of Colt Indus. Shareholder Litig., 155 AD2d 154, 160, mod on other grounds 11 NY2d 185).


Summaries of

Rosenfeld v. Bear Stearns Co., Inc.

Appellate Division of the Supreme Court of New York, First Department
Mar 25, 1997
237 A.D.2d 199 (N.Y. App. Div. 1997)

describing the scope of the inquiry

Summary of this case from In re HSBC Bank U.S.A., N.A.
Case details for

Rosenfeld v. Bear Stearns Co., Inc.

Case Details

Full title:WILLIAM C. ROSENFELD et al., Respondents, v. BEAR STEARNS Co., INC., et…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 25, 1997

Citations

237 A.D.2d 199 (N.Y. App. Div. 1997)
655 N.Y.S.2d 473

Citing Cases

Gordon v. Verizon Commc'ns, Inc.

On July 21, 2014, the parties filed a written stipulation of settlement with Supreme Court. On October 6,…

W. Palm Beach Police Pension Fund v. Noah Gottdiener, Robert M. Belke, Peter W. Calamari, William R. Carapezzi, John A. Kritzmacher, Harvey M. Krueger, Sander Morton Levy, Jeffrey D. Lovell, Norman S. Matthews, Gordon A. Paris, Duff & Phelps Corp.

Settlement In deciding whether any proposed settlement is appropriate, the court considers whether the…