VERACE v. NEW YORK STOCK EXCHANGE, INC.

No. 76 Civ. 613 (RWS).

478 F.Supp. 1061 (1979)

Victor VERACE, Plaintiff, v. NEW YORK STOCK EXCHANGE, INC., et al., Defendants.

United States District Court, S. D. New York.

October 13, 1979.


Attorney(s) appearing for the Case

Peter J. Byrnes, Mineola, N. Y., for plaintiff.

Milbank, Tweed, Hadley & McCloy, New York City, for defendants; Russell E. Brooks, Toni C. Lichstein, Paul T. Shoemaker, New York City, of counsel.


OPINION

SWEET, District Judge.

This motion for summary judgment brought by defendant New York Stock Exchange ("NYSE") arises from an action by plaintiff Victor Verace ("Verace") to recover the value of securities deposited with defendant Orvis Brothers and Company ("Orvis") pursuant to a subordinated lending agreement. Plaintiff has cross-moved for summary judgment against the NYSE pursuant to Fed.R.Civ.P. 56.

The relevant events commenced ten years...

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