Legal Opinion
Thomson McKinnon Securities Inc. v. Bank of New York (In Re Thomson McKinnon Securities Inc.)
United States Bankruptcy Court, S.D. New York
Decided November 6, 1992No. 18-23833PublishedCited by 3 opinions
1Opinion of the Court
DECISION ON MOTION TO DISMISS COUNT I OF COMPLAINT
HOWARD SCHWARTZBERG, Bankruptcy Judge.
The Bank of New York (“BNY”) has moved for an order dismissing Count I of the complaint filed by the Chapter 11 debt- or, Thomson McKinnon Securities, Inc. (“TMSI”) for failure to state a claim upon which relief can be granted and for failure to plead fraud with particularity. Additionally, BNY seeks sanctions under Federal Rule of Bankruptcy Procedure 9011. Although not specifically stated in the complaint, BNY’s motion to dismiss the com plaint implicates Federal Rule of Civil Procedure 12(b)(6) 1 and…
2Cases cited14 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Cruz v. BetoSupreme Court of the United States · 1972
- Kugler v. HelfantSupreme Court of the United States · 1975
- Jeffrey Hecht v. Commerce Clearing House, Inc., William Miller, Louis Ceccoli, and Stanley StephensCourt of Appeals for the Second Circuit · 1990
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3Cited by3 opinions
- Schmidt v. Fleet BankDistrict Court, S.D. New York · 1998
- Allen-Bradley Co. v. Commodore Business MacHines, Inc. (In Re Commodore Business MacHines, Inc.)United States Bankruptcy Court, S.D. New York · 1995
- Comis v. Bromka (In Re Comis)United States Bankruptcy Court, N.D. New York · 1994