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SCONE INVESTMENTS v. AMERICAN THIRD MARKET CORP.

No. 97 Civ. 3802(SAS).

992 F.Supp. 378 (1998)

SCONE INVESTMENTS, L.P., and Stanley Cohen, Plaintiffs, v. AMERICAN THIRD MARKET CORPORATION, Israel A. Englander, Rosehouse Ltd., Christopher Carajohn, Richard Prichard-Jones, Tellerstock, Inc., Thomas N. Telegades, Investor Relations, Inc., Peter C. Tosto and Standard Bank Investment Corporation (Jersey) Limited, Defendants.

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

January 26, 1998.

Attorney(s) appearing for the Case

Jerome M. Leitner, New York City, for Plaintiffs.

Allan S. Sexter, New York City, for Defendants American Third Market Corp. and Israel A. Englander.

OPINION AND ORDER

SCHEINDLIN, District Judge.

Plaintiffs bring this action against all defendants alleging (1) violations of § 10(b) of the Securities Exchange Act of 1934 (15 U.S.C. § 78j(b)) and Rule 10b-5 promulgated thereunder by the Securities and Exchange Commission, (2) common law fraud, and (3) bad faith and negligence. Plaintiffs also assert a claim against defendants Israel A. Englander ("Englander"), Christopher Carajohn ("Carajohn...

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