Securities and Exchange Commission v. Cohmad Securities Corporation et al, No. 1:2009cv05680 - Document 28 (S.D.N.Y. 2010)

Court Description: OPINION AND ORDER: #98511 Jaffes motion (Docket No. 12) is granted, and Cohmad and the Cohns motion (Docket No. 17) is granted in part and denied in part. In particular, the claims for securities fraud (Claims One through Four) are dismissed as agai nst all defendants. The claims for aiding and abetting violations of Section 206(4) of the Advisers Act, and Rule 206(4)-3 thereunder, (Claim Five) and Section 15(b)(7) of the Exchange Act, and Rule 15b7-1 thereunder, (Claim Seven) are dismissed as a gainst Cohmad and the Cohns. Cohmad and the Cohns motion is otherwise denied. The SEC is granted leave to replead its defective claims by filing an amended complaint within 30 days from the date of this opinion and order. (Signed by Judge Louis L. Stanton on 2/1/10) (ae) Modified on 2/2/2010 (ajc). (Additional attachment(s) added on 2/2/2010: # 1 Main Document) (ae). Modified on 2/2/2010 (ae).