PLAINTIFFS' STATE & SEC. LAW SETTLEMENT CLASS COUNSEL ENTWISTLE & CAPPUCCI LLP v. BANK OF N.Y. MELLON

Docket No. 653415/2011.

2014 NY Slip Op 30992(U)

PLAINTIFFS' STATE AND SECURITIES LAW SETTLEMENT CLASS COUNSEL ENTWISTLE & CAPPUCCI LLP, HAGENS BERMAN SOBOL SHAPIRO LLP and BERNSTEIN LIEBHARD LLP IN THEIR CAPACITIES AS CO-LEAD COUNSEL AND LEAD COUNSEL ON BEHALF OF THE STATE LAW SUB-CLASS AND THE SECURITIES SUBCLASS IN "IN RE TREMONT SECURITIES LAW, STATE LAW AND INSURANCE LITIGATION," and not in their individual capacities, Plaintiffs, v. THE BANK OF NEW YORK MELLON, THE BANK OF NEW YORK MELLON CORPORATION, BNY ALTERNATIVE INVESTMENT SERVICES, INC., AND JOHN DOES 1-9 INCLUSIVE, Defendants, RYE SELECT BROAD MARKET FUND LP, RYE SELECT BROAD MARKET PRIME FUND LP, and RYE SELECT BROAD MARKET XL FUND LP, Nominal Plaintiffs.

Supreme Court, New York County.

April 15, 2014.


DECISION AND ORDER

MARCY S. FRIEDMAN, Judge.

Defendants The Bank of New York Mellon and The Bank of New York Mellon Corp., on behalf of themselves and dissolved entity BNY Alternative Investment Services, Inc., move to dismiss this action, pursuant to CPLR 3211 (a) (1) and (7), based on documentary evidence and for failure to state a cause of action. Defendants also move to dismiss on the ground that plaintiffs lack standing.

Plaintiffs are three...

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