Aboulhosn v. Merrill Lynch, Pierce, Fenner & Smith Inc.

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT ON PLAINTIFF’S COMPLAINT; MOTION FOR SUMMARY JUDGMENT ON CROSS-COMPLAINT

MARGARET M. MORROW, District Judge.

On February 1, 2012, Marwan Aboulhosn filed this action against Merrill Lynch Pierce Fenner and Smith, Inc. (“Merrill Lynch”) and certain fictitious defendants.1 *1208On April 12, 2012, Merrill Lynch filed a counterclaim against Aboulhosn.2 On December 17, 2012, Merrill Lynch filed a motion for summary judgment on its counterclaim,3 and a motion for summary judgment on the claims asserted in Aboulhosn’s complaint.4 Aboulhosn opposes both motions.5

I.…