SVERDLOVE v. MERRILL LYNCH, PIERCE, ETC.


58 Misc.2d 287 (1968)

Andrew J. Sverdlove, Plaintiff, v. Merrill Lynch, Pierce, Fenner & Smith, Incorporated, Defendant.

Civil Court of the City of New York, Special Term, New York County.

September 27, 1968


Attorney(s) appearing for the Case

Rathheim, Abrams, Hoffman & Kassel (Joseph E. Levie of counsel), for plaintiff. Brown, Wood, Fuller, Caldwell & Ivey (Henry F. Minnerop of counsel), for defendant.


CHARLES GOLD, J.

Plaintiff sues defendant for the return of a sum of money represented by a cash balance in plaintiff's account with defendant. Defendant admits the existence and extent of the cash balance, and would consent to judgment against it for said amount if the execution thereof is stayed pending the outcome of a suit in the Supreme Court brought by defendant against plaintiff individually and in a representative capacity.

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