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TOBIAS HOLDINGS, INC. v. BANK UNITED CORP.

No. 01 Civ. 1343(SAS).

177 F.Supp.2d 162 (2001)

TOBIAS HOLDINGS, INC., Plaintiff, v. BANK UNITED CORP. and Goldman Sachs Mortgage Company, Defendants.

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

August 14, 2001.

Attorney(s) appearing for the Case

Richard J.J. Scarola, Scarola Reavis & Parent, New York, New York, for Plaintiff.

Howard G. Sloane, Catherine Smith, Cahill Gordon & Reindel, New York, New York, for Defendants.

MEMORANDUM OPINION AND ORDER

SCHEINDLIN, District Judge.

I. INTRODUCTION

Plaintiff has brought a federal securities fraud action alleging violations of section 10(b) of the Securities and Exchange Act of 1934, see 15 U.S.C. § 78j(b), and Rule 10b-5 promulgated thereunder, see 17 C.F.R. § 240.10b-5. Plaintiff's Amended Complaint ("Am.Cmpl.") also asserts state common law claims for fraud, breach of contract, conspiracy...

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