hree of Epstein's claims — those for breach of fiduciary duty, constructive fraud, and negligent misrepresentation — are barred in their entirety by the Martin Act, N.Y. Gen Bus. Law §§ 352(a)-(c) (McKinney 2007), which "prohibits various fraudulent and deceitful practices in the distribution, exchange, sale a

the plaintiffs have stated claims cognizable in this jurisdiction. 2. NEW YORK'S MARTIN ACT DOES NOT APPLY TO THIS LAWSUIT The defendants aver that the Martin Act, New York General Business section 352 et seq., bars the plaintiffs' claims for negligent misrepresentation (Count IV) and breach of fiduciary duty

plaintiffs have stated claims cognizable in this jurisdiction. 2. New York's 'Martin Act Does Not Apply to this Lawsuit The defendants aver that the Martin Act, New York General Business section 352 et seq., bars the plaintiffs' claims for negligent misrepresentation (Count IV) and breach of fiduciary dut