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SURGIL v. KIDDER, PEABODY & CO.

69 Misc.2d 213 (1971)

Marilyn Surgil, Respondent, v. Kidder, Peabody & Co., Incorporated, Appellant.

Supreme Court, Appellate Term, First Department.

December 20, 1971

Attorney(s) appearing for the Case

Sullivan & Cromwell (David L. McLean of counsel), for appellant. Rudes & Lax (David Kashman and Saul Rudes of counsel), for respondent.

Concur — GOLD, J. P., QUINN and LUPIANO, JJ.

Per Curiam.

Plaintiff opened a cash account with defendant stockbroker and the following day put in an order to purchase certain shares costing about $36,000. She was required under the agreement applicable to a cash account to pay the full amount of the purchase price on settlement date. The agreement stated that all transactions were subject to the requirements, rules, etc. of the Securities and Exchange Commission...

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