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RAISIS v. EISELE & KING, LIBAIRE, STOUT & CO.

20 A.D.2d 392 (1964)

Homer Raisis, Respondent-Appellant, v. Eisele & King, Libaire, Stout & Co., Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

February 20, 1964.

Attorney(s) appearing for the Case

Harry T. Zucker for appellant-respondent.

Martin N. Whyman of counsel (Whyman and Neitlich, attorneys), for respondent-appellant.

RABIN, J. P., McNALLY, STEVENS and STEUER, JJ., concur in Per Curiam opinion; EAGER, J., would affirm and therefore dissents insofar as the court would vacate judgment entered and direct judgment for defendant.

Per Curiam.

Defendant is a stock brokerage concern and plaintiff was one of its customers. The controversy between them arises out of a short sale of 200 shares of E. L. Bruce Co. common stock, executed by defendant for plaintiff on April 25 and April 29, 1958. The stock thereafter rose in value and, beginning July 2, 1958, defendant made demands for additional margin. Following repeated demands, and some compliance...

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