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DDJ MANAGEMENT, LLC v. RHONE GROUP L.L.C.

4994, 4995, 601832/07.

78 A.D.3d 442 (2010)

911 N.Y.S.2d 7

DDJ MANAGEMENT, LLC, et al., Respondents, v. RHONE GROUP L.L.C. et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 9, 2010.

The prior decision of this Court (60 A.D.3d 421 [2009]), having dismissed the fraud claim on the ground of lack of reasonable reliance by plaintiffs, did not address the alternative argument by corporate and individual defendants, those other than PricewaterhouseCoopers (PwC), that plaintiffs failed to otherwise sufficiently plead the elements of fraud, particularly scienter. We now address that issue. As the dismissal of the claims against...

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