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GILMAN v. MERRILL LYNCH

93 Misc.2d 941 (1978)

Michael G. Gilman, on Behalf of Himself and All Other Persons Similarly Situated, Plaintiff, v. Merrill Lynch, Pierce, Fenner & Smith, Inc., Defendant.

Supreme Court, Special Term, New York County.

April 5, 1978

Attorney(s) appearing for the Case

Pomerantz, Levy, Haudek & Block (Abraham L. Pomerantz, Stanley M. Grossman and Stephen P. Hoffman of counsel), for plaintiff. Brown, Wood, Ivey, Mitchell & Petty (Richard C. Casey and Joseph G. Reimer, III, of counsel), for defendant.

MAX BLOOM, J.

Plaintiff moves pursuant to CPLR 902 for an order permitting maintenance of this suit as a class action. The complaint alleges that the defendant, a stockbroker, violated and continues to violate a fiduciary duty owed to its customers by withholding funds due them for a period of 24 hours or more, thus permitting it to use such funds for a day or more for its own profit. This was and is accomplished...

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