Banham v. Morgan Stanley & Co.

Order, Supreme Court, New York County (Elliott Wilk, J.), entered March 12, 1991, granting defendant’s motion to dismiss the complaint on a defense of documentary evidence, and simultaneously denying (albeit sub silentio as moot) plaintiff’s cross-motion for discovery, unanimously reversed on the law, the facts, and in the exercise of discretion, the motion is denied and the cross-motion is granted, without costs.

In 1983 plaintiff went to work as a Eurobond trader for British-based Morgan Stanley International ("MSI”), a subsidiary of the multinational investment conglomerate, Morgan Stanley…