§Why CasetextPricing

In Re: Refco Securities Litigation

REPLY MEMORANDUM OF LAW in Support re:

5 Cited authorities

  1. Rothman v. Gregor

    220 F.3d 81 (2d Cir. 2000)   Cited 1,322 times   1 Legal Analyses
    Holding that "the date of the filing of the motion to amend constitutes the date the action was commenced for statute of limitations purposes" when "the plaintiff seeks to add a new defendant" (quoting Nw. Nat’l Ins. Co. v. Alberts , 769 F. Supp. 498, 510 (S.D.N.Y.1991) )

  2. Zucker v. Sasaki

    963 F. Supp. 301 (S.D.N.Y. 1997)   Cited 67 times
    Holding that plaintiff failed to establish scienter where plaintiffs "allegations refer simply to violations of basic auditing principles without reference as to how [auditor's] violations were the result of intentional deceit or how they rise to the level of recklessness"

  3. Curiale v. Peat, Marwick Co.

    214 A.D.2d 16 (N.Y. App. Div. 1995)   Cited 47 times

    August 24, 1995 Appeal from the Supreme Court, New York County, Ira Gammerman, J. John M. Nonna of counsel (Michael A. Knoerzer and Tracy A. Stein on the brief; Werner Kennedy, attorneys), for appellant. Sidney Davis of counsel (Dennis H. Tracey, III, Mark J. Schirmer and Edwin D. Scott on the brief; Davis, Scott, Weber Edwards, P.C.), for respondent. NARDELLI, J. As stated by the Trial Judge, the claim here is that as the result of accounting malpractice the Insurance Department was induced to enter

  4. China Trust Bank of N.Y. v. Standard Chartered Bank

    981 F. Supp. 282 (S.D.N.Y. 1997)   Cited 20 times
    Finding that although a number of acts of misconduct were alleged, they were all carried out by a single defendant against one victim, pursuant to a single scheme, and thereby failed both open and close-ended continuity requirement

  5. Simon v. Ernst Young

    223 A.D.2d 506 (N.Y. App. Div. 1996)   Cited 7 times

    January 30, 1996 Appeal from the Supreme Court, New York County (Harold Tompkins, J.). The claim for punitive damages was properly dismissed in the absence of allegations of a public wrong ( see, Banque Indosuez v Barclays Bank, 181 A.D.2d 447), or of defendant's knowledge and concealment of illegal acts or failure to withdraw in the face of a conflict of interest ( see, Spingold Found. v Wallin, Simon, Black Co., 184 A.D.2d 464, 465-466). Plaintiffs' claims of fraud or recklessness were sufficiently