NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
December 29, 2009
ESE FUNDING SPC LTD., PLAINTIFF-APPELLANT,
MORGAN STANLEY, ET AL., DEFENDANTS-RESPONDENTS.
Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered January 29, 2009, which, to the extent appealed from, granted that portion of defendants' motion to dismiss the 9th, 10th and 11th causes of action, alleging negligent misrepresentation, unanimously affirmed, with costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Andrias, J.P., Friedman, Acosta, DeGrasse, RomÁn, JJ.
Plaintiff negotiated an arm's length commercial contract with defendant Morgan Stanley Altabridge to purchase defendants' financial risk associated with a third-party security transaction. Plaintiff has made no showing that any of these defendants had a "special relationship" with plaintiff (cf. Kimmell v Schaefer, 89 NY2d 257 ).
We have reviewed plaintiff's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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