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ROSENBLUM v. HARRIS, UPHAM & CO.

66 Misc.2d 1054 (1971)

Ruth Rosenblum, Appellant, v. Harris, Upham & Co., Inc., Respondent.

Supreme Court, Appellate Term, First Department.

May 17, 1971

Attorney(s) appearing for the Case

Schonfeld, May & Karduna (Joel Schonfeld of counsel), for appellant. Gifford, Woody, Carter & Hays (Charles L. Trowbridge and Louis R. Proyect of counsel), for respondent.

GOLD, J. P., and QUINN, J., concur in Per Curiam opinion; LUPIANO, J., dissents in an opinion.

Per Curiam.

Plaintiff's son opened an account with defendant on her behalf and directed a sale of certain shares of stock, representing that she owned such stock and that he would obtain the certificates from her in Florida and would deliver them to defendant by settlement date. In fact, plaintiff did not own such stock and the certificates were never delivered to defendant. Defendant executed the sale order and...

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