Legal Opinion
Clifden Futures, LLC v. Man Financial, Inc.
New York Supreme Court
Decided May 20, 2008Published
1Opinion of the Court
*639OPINION OF THE COURT
Bernard J. Fried, J.
Plaintiff, Clifden Futures, LLC, a licensed futures commission merchant (FCM), brings this action against defendant, Man Financial, Inc., Clifden’s clearing agent and also a licensed FCM, asserting claims of breach of contract and negligence. Man moves to dismiss both claims, pursuant to CPLR 3211 (a) (7), on the basis that plaintiff has failed to state a cause of action. For the reasons set forth below, Man’s motion is granted, and the complaint is dismissed in its entirety.
As licensed FCMs, both Clifden and Man are registered with the Commodity…
2Cases cited11 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Polonetsky v. Better Homes Depot, Inc.New York Court of Appeals · 2001
- Gordon v. Dino De Laurentiis Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Sud v. SudAppellate Division of the Supreme Court of the State of New York · 1995
- Henryk De Kwiatkowski v. Bear, Stearns & Co., Inc., Bear, Stearns Securities Corporation, and Bear Stearns Forex Inc., and Albert J. SabiniCourt of Appeals for the Second Circuit · 2002
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