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Abu Dhabi Commercial Bank et al v. Morgan Stanley & Co. Incorporated et al

MEMORANDUM OF LAW in Support re: 522 MOTION for Summary Judgment.. Document

27 Cited authorities

  1. Mandarin v. Wildenstein

    2011 N.Y. Slip Op. 741 (N.Y. 2011)   Cited 1,604 times   5 Legal Analyses
    Holding that plaintiff must allege a misrepresentation or a material omission of fact which was "false and known to be false"

  2. Dallas Aerospace, Inc. v. CIS Air Corp.

    352 F.3d 775 (2d Cir. 2003)   Cited 807 times   1 Legal Analyses
    Holding that liability for negligent misrepresentation is imposed on those who are in a special position of confidence and trust with the injured party than that of an ordinary buyer and seller

  3. Kimmell v. Schaefer

    89 N.Y.2d 257 (N.Y. 1996)   Cited 588 times
    Holding that a special relationship existed outside of the context of professionals, such as lawyers and engineers, when a defendant was inter alia "uniquely situated to evaluate the economics of the [investment that defendant sold to plaintiff]"

  4. Hydro Investors v. Trafalgar Power Inc.

    227 F.3d 8 (2d Cir. 2000)   Cited 491 times   2 Legal Analyses
    Holding that contribution may lie for breach of contract actions in the "limited class of cases involving liability for the violation of a professional duty"

  5. Anschutz Corp. v. Merrill Lynch & Co.

    690 F.3d 98 (2d Cir. 2012)   Cited 289 times
    Holding that because plaintiffs did not allege any direct contact with the rating agencies, plaintiffs had failed to allege the existence of a privity-like special relationship—an essential element of a negligent misrepresentation claim under New York law

  6. Murphy v. Kuhn

    90 N.Y.2d 266 (N.Y. 1997)   Cited 363 times
    Holding that an insurance broker did not have a fiduciary duty to his customer even though the insured had been his customer for seventeen years and had provided several insurance services to the plaintiff

  7. MBIA Ins. Corp. v. Countrywide Home Loans, Inc.

    87 A.D.3d 287 (N.Y. App. Div. 2011)   Cited 227 times
    Holding that allegations that defendant misrepresented loan quality were not duplicative of breach of contract claim

  8. Credit Corp. v. Andersen Co.

    65 N.Y.2d 536 (N.Y. 1985)   Cited 472 times   3 Legal Analyses
    Holding that multiple, direct and substantive communications and personal meetings with the relying customers established a relationship sufficiently approaching privity

  9. Ossining School v. Anderson

    73 N.Y.2d 417 (N.Y. 1989)   Cited 347 times   1 Legal Analyses
    Holding that in negligent misrepresentation cases, the relationship between the parties must "be one of contract or the bond between them so close as to be the functional equivalent of contractual privity"

  10. HSH Nordbank AG v. UBS AG

    95 A.D.3d 185 (N.Y. App. Div. 2012)   Cited 179 times   1 Legal Analyses
    Holding that data "derived from publicly available market information" was "not peculiarly within UBS's knowledge"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,736 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit