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FIRST REG'L v. VILLELLA

84 Misc.2d 790 (1975)

First Regional Securities, Inc., Plaintiff, v. Gregory Villella, Defendant.

Civil Court of the City of New York, New York County.

December 11, 1975

Attorney(s) appearing for the Case

Lunney & Crocco (Charles A. Crocco, Jr., of counsel), for plaintiff. Weiss, Wiener & Levine, P. C. (Leon Wiener of counsel), for defendant.

BURTON S. SHERMAN, J.

In this nonjury action the plaintiff a stockbroker seeks to recover damages from its customer resulting from an alleged executed order for the sale of stock. The defense to the action is mistake, negligence and failure to mitigate damages.

The facts are that the defendant's son who had authority to trade for his father visited plaintiff brokerage office on January 24, 1974. After...

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