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ROSENBLUM v. HARRIS, UPHAM & CO.

38 A.D.2d 225 (1972)

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

Appellate Division of the Supreme Court of the State of New York, First Department.

February 8, 1972.

Attorney(s) appearing for the Case

Joel Schonfeld of counsel (Schonfeld, May & Karduna, attorneys), for appellant.

Charles L. Trowbridge of counsel (Michael J. McAllister with him on the brief; Gifford, Woody, Carter & Hays, attorneys), for respondent.

NUNEZ, MURPHY and CAPOZZOLI, JJ., concur with McGIVERN, J. P.; KUPFERMAN, J., concurs in an opinion.

McGIVERN, J. P.

The basic facts are: On June 16, 1969, the plaintiff's son opened an account with the defendant brokerage house and, representing that his mother owned 1,700 shares of Acme Missile & Construction Corp., requested the broker to sell the same. In fact, she owned no such stock. The defendant broker, however, executed the sale at $5 per share, noted its commission, and credited the plaintiff with the proceeds of over $8,200. The settlement...

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