Abu Dhabi Commercial Bank et al v. Morgan Stanley & Co. Incorporated et al, No. 1:2008cv07508 - Document 74 (S.D.N.Y. 2009)

Court Description: MEMORANDUM OPINION AND ORDER: For the foregoing reasons, Counts 1B through 1D against Morgan Stanley, 2B through 2D against the Rating Agencies, and 3A through 3C against BoNY, as set forth in the Second Amended Complaint, are dismissed with prejudic e. Counts 1A and 2A against Morgan Stanley and the Rating Agencies, respectively, remain in the case. Count 3D, aiding and abetting against BoNY solely to the extent that it pleads aiding and abetting common law fraud, is dismissed without prejudice. Nothing in this Memorandum Opinion and Order shall affect plaintiffs' right to file an appeal upon the final adjudication of the entire case. (Signed by Judge Shira A. Scheindlin on 10/15/09) (tro)