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CLIFDEN FUTURES, LLC v. MAN FINANCIAL, INC.

20 Misc.3d 638 (2008)

858 N.Y.S.2d 580

CLIFDEN FUTURES, LLC, Plaintiff, v. MAN FINANCIAL, INC., Defendant.

Supreme Court, New York County.

May 20, 2008.

Attorney(s) appearing for the Case

Herrick, Feinstein LLP, New York City (Therese M. Doherty and Aismara J. Abreu of counsel), for defendant.

Rosenberg, Feldman, Smith, LLP, New York City (Richard Feldman of counsel), for plaintiff.

OPINION OF THE COURT

BERNARD J. FRIED, J.

Plaintiff, Clifden Futures, LLC, a licensed futures commission merchant (FCM), brings this action against defendant, Man Financial, Inc., Clifden's clearing agent and also a licensed FCM, asserting claims of breach of contract and negligence. Man moves to dismiss both claims, pursuant to CPLR 3211 (a) (7), on the basis that plaintiff has failed to state a cause of...

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