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CMNY CAPITAL, L.P. v. DELOITTE & TOUCHE

No. 91 Civ. 0670 (MJL).

821 F.Supp. 152 (1993)

CMNY CAPITAL, L.P. and Permal Capital Partners, L.P., Plaintiffs, v. DELOITTE & TOUCHE, Defendant.

United States District Court, S.D. New York.

Order Denying Reargument May 20, 1993.

Attorney(s) appearing for the Case

Spengler Carlson Gubar Brodsky & Frischling by Herbert B. Max, Norman M. Block, New York City, for plaintiffs.

Shea & Gould by Leon P. Gold, Richard L. Spinogatti, Merrye Piltz Schindler, Alyson M. Weiss, New York City, for defendant.

OPINION AND ORDER

LOWE, District Judge.

Before this Court is the motion filed July 12, 1991 by Deloitte & Touche ("D & T") to dismiss for failure to state a claim and for failure to plead fraud with particularity. Fed.R.Civ.P. 12(b)(6), 9(b). For the following reasons, D & T's motion to dismiss is denied with respect to plaintiffs' federal securities claim, but granted with respect to plaintiffs' state law negligence claim.

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