A state judge Friday threw out a majority of the claims against Merrill Lynch & Co. in a lawsuit by the bond insurer MBIA Inc. over credit default swaps related to about $5.7 billion in collateralized debt obligations.

In an order Friday, New York State Supreme Court Justice Bernard Fried in Manhattan dismissed five of six claims, including claims of fraud and negligent misrepresentation, against Merrill, a unit of Bank of America Corp. The judge allowed a breach of contract claim to proceed.

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