Abu Dhabi Commercial Bank et al v. Morgan Stanley & Co. Incorporated et al, No. 1:2008cv07508 - Document 67 (S.D.N.Y. 2009)

Court Description: OPINION AND ORDER:#97988 For the reasons set forth above, defendants' motions to dismiss are hereby granted in part and denied in part. In sum, BoNY's motion to dismiss is granted in its entirety. Morgan Stanley and the Rating Agencies' ; motions to dismiss the common law fraud claims (Counts lA and 2A, respectively) are denied. Morgan Stanley and the Rating Agencies' motions to dismiss the remaining claims (Counts IB-IK and 2B-2K, respectively) are granted. Plaintiffs are gra nted leave to file an amended complaint consistent with the terms of this Opinion and Order within twenty days. To be clear, plaintiffs may amend the following claims: breach of contract (Counts lD, 2E, 3D); tortious interference (Counts 11, 2J, 31); breach of condition precedent and breaches of the covenant of good faith and fair dealing against BoNY (Counts 3E, 3G);225 and aiding and abetting any of these claims or common law fraud (Counts 1K, 2K, 3J). The Clerk of the Court is directed to close these motions (Docket Nos. 47 and 55). A conference is scheduled for October 1, 2009, at 4:30 p.m. in Courtroom l5C. (Signed by Judge Shira A. Scheindlin on 9/2/2009) (jpo) Modified on 9/8/2009 (eef).