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GILMAN v. MERRILL LYNCH

101 Misc.2d 655 (1979)

Michael G. Gilman, Plaintiff, v. Merrill Lynch, Pierce, Fenner & Smith, Incorporated, Defendant.

Supreme Court, Special Term, New York County.

October 24, 1979.

Attorney(s) appearing for the Case

Pomerantz Levy Haudek & Block (A. L. Pomerantz of counsel), for plaintiff. Brown, Wood, Ivey, Mitchell & Petty (Richard C. Casey of counsel), for defendant.

MARTIN B. STECHER, J.

The plaintiff moves for an order approving the proposed settlement of a class action and rejecting the report of the Special Referee, who recommends against the settlement. The defendant joins in the motion.

Plaintiff, a New York resident, was a securities brokerage customer of Merrill Lynch, Pierce, Fenner & Smith, Incorporated (Merrill Lynch). Merrill Lynch transmitted the proceeds of the transaction to the plaintiff...

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