MODERN SETTINGS, INC. v. PRUDENTIAL-BACHE SEC.

No. 83 Civ. 6291 (RLC).

603 F.Supp. 370 (1985)

MODERN SETTINGS, INC., and Binder & Binder, as attorneys for Modern Settings, Inc., Plaintiffs, v. PRUDENTIAL-BACHE SECURITIES, INC., Prudential-Bache Metal Co., Inc., Gary Adornato, Felix McCarthy, Richard Berlin and Frederic Wasserspring, Defendants.

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

February 27, 1985.


Attorney(s) appearing for the Case

Jaffe & Asher, New York City, for plaintiffs; Peter A. Jaffe, New York City, of counsel.

Dewey, Ballantine, Bushby, Palmer & Wood, New York City, for Prudential-Bache defendants; Leonard Joseph, Scott M. Univer, Steven J. Miller, New York City, of counsel.

Henry Putzel, III, New York City, for defendant Gary Adornato.


OPINION

ROBERT L. CARTER, District Judge.

In an opinion and order dated October 17, 1984, 602 F.Supp. 511 ("Modern Settings I"), the court dismissed plaintiffs' amended complaint for failing to state with the requisite particularity under Rule 9(b), F.R. Civ.P., various counts of fraud with which they charged defendants. The court granted plaintiffs leave to replead; they have repleaded, and defendants have moved...

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