NEW YORK — Bank of America Corp.’s former chief executive, Kenneth Lewis, has asked a judge to throw out the New York attorney general’s lawsuit accusing him of fraud when he led the bank’s purchase of Merrill Lynch & Co.
Allegations by Attorney General Andrew Cuomo are implausible, Lewis’s lawyers said in documents filed this week with the state Supreme Court in Manhattan. The Merrill Lynch acquisition, they said, has proved to be of “major financial benefit to shareholders.’’
“Some have looked to assign blame for every aspect of the financial crisis, even where there is no evidence of misconduct,’’ Lewis’s lawyers said. “This case is a product of that dynamic and does not withstand either legal or factual scrutiny.’’
Cuomo sued Lewis, Bank of America, and former chief financial officer Joe Price in February, accusing them of misleading investors by failing to disclose losses at Merrill Lynch. The complaint also claims they manipulated the federal government into saving the deal with a taxpayer-financed bailout.
Cuomo’s spokesman said the attorney general stands by the complaint.
