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SURGIL v. KIDDER, PEABODY & CO.

63 Misc.2d 473 (1970)

Marilyn Surgil, Plaintiff, v. Kidder, Peabody & Co., Inc., Defendant.

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

May 11, 1970

Attorney(s) appearing for the Case

Rudes & Lax (James E. Birdsall of counsel), for plaintiff. Sullivan & Cromwell (David L. McLean of counsel), for defendant.

MARTIN B. STECHER, J.

On September 20, 1967, Marilyn Surgil, then 24 years of age, went to an office of Kidder, Peabody & Co. and opened a cash stock brokerage account. She revealed that she was unmarried, self-employed as a "consultant" — no other occupational information was given or, apparently, solicited — and she gave a bank as her sole reference. Investigation by the broker revealed that...

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