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CHASE MANHATTAN BANK, N.A. v. FIDATA CORP.

No. 87 Civ. 4844(PNL).

700 F.Supp. 1252 (1988)

The CHASE MANHATTAN BANK, N.A., Plaintiff, v. FIDATA CORPORATION, et al., Defendants. FIDATA CORPORATION, et al., Counterclaim Plaintiffs, v. The CHASE MANHATTAN BANK, N.A., Counterclaim Defendant.

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

December 2, 1988.

Attorney(s) appearing for the Case

Shereff, Friedman, Hoffman & Goodman, New York City (Barry L. Katz, of counsel), for counterclaim plaintiffs.

Kent T. Stauffer, The Chase Manhattan Bank, N.A., Litigation Div., Milbank, Tweed, Hadley & McCloy, New York City (Russel E. Brooks, of counsel), for counterclaim defendant The Chase Manhattan Bank, N.A.

OPINION AND ORDER

LEVAL, District Judge.

Counterclaim-defendant, the Chase Manhattan Bank, N.A., moves under Fed.R. Civ.P. Rules 9(b) and 12(b)(6), to dismiss the counterclaims for failure to plead fraud with particularity and failure to state a claim upon which relief can be granted. Counterclaim-plaintiffs, Fidata, FTC and FSMI, move under Fed.R.Civ.P. Rule 15(a) to amend the counterclaims.

BACKGROUND

The counterclaim-plaintiffs are Fidata...

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