LOWES v. MERRILL LYNCH


74 Misc.2d 875 (1973)

Dorothy Lowes, Plaintiff, v. Merrill Lynch, Pierce, Fenner & Smith, Inc., Defendant.

Supreme Court, Erie County.

May 23, 1973


Attorney(s) appearing for the Case

Cohen, Swados, Wright, Hanifin & Bradford for defendant. Gordon M. Brown for plaintiff.


JOHN H. DOERR, J.

The defendant moves pursuant to CPLR 3211 (subd. [a], par. 7), to dismiss the complaint for failure to state a cause of action.

It is conceded by the defendant that by such attack the allegations as set forth in the complaint are presumed to be true.

From the complaint it appears that Goodbody & Co., Inc. (Goodbody) was a stockbrokerage firm that has, since the events in question, merged with defendant. As a result...

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