duPONT & CO. v. CHELEDNIK


69 Misc.2d 362 (1971)

Francis I. duPont & Co., Appellant, v. Ronald Chelednik, Respondent.

Supreme Court, Appellate Term, First Department.

September 20, 1971


Attorney(s) appearing for the Case

Grandefeld & Goodman (Mortimer Goodman of counsel), for appellant. Joseph A. Byrne, Jr., for respondent.

Concur — MARKOWITZ, J. P., STREIT and QUINN, JJ.


Per Curiam.

Plaintiff is a stock brokerage firm with offices in Manhattan. Defendant, a resident of New Jersey, was one of plaintiff's customers and traded on New York stock exchanges through plaintiff. On July 24, 1969, plaintiff erroneously placed certain securities in defendant's account. Defendant, with knowledge of the mistake, did not notify plaintiff of the error, and, in December of that year, directed plaintiff to sell the securities for his account...

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