Averbach

ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF DEFENDANT (Docket No. 6)

In this suit, Plaintiff alleges breach of contract; intentional fraud, negligent misrepresentation, intentional infliction of emotional distress, and negligent infliction of emotional distress. The Court held a hearing on Defendant’s motion to dismiss on March 19, 2003. Robert Capron ap peared on behalf of the Plaintiff and Stephen Bonase and Todd Adler of Heller Ehrman White & McAuliffe appearing on behalf of Defendant. Having considered the papers filed in support of and in opposition to the motion and the argument of counsel, and good cause appearing therefor, the Court hereby treats Defendant’s motion to dismiss as one for summary judgment and GRANTS Defendant’s motion (Docket No. 6).

I. FACTS

Defendant Vnescheconombank (hereinafter “VEB”) is a bank with its principal offices in Moscow, Russia. Complaint ¶ 2. Plaintiff Vyacheslav Averbach (hereinafter Averbach) is a citizen of the United States, resident of California, doing business as Glaster Laboratories. Complaint ¶ 1.

In May 1991, Plaintiff entered into a written contract with Central Innovation Alter Corporation (hereinafter “Central Innovation”)…