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KNIERIEMEN v. BACHE HALSEY

74 A.D.2d 290 (1980)

Walter Knieriemen, Respondent, v. Bache Halsey Stuart Shields Incorporated, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 17, 1980

Attorney(s) appearing for the Case

William M. Dallas, Jr., of counsel (Wendy L. Addiss with him on the brief; Sullivan & Cromwell, attorneys), for appellant.

Dan Brecher for respondent

ROSS and MARKEWICH, JJ., concur with LYNCH, J.; MURPHY, P. J., and KUPFERMAN, J., concur in an opinion by MURPHY, P. J.

LYNCH, J.

At the close of the trial of this customer's suit against his brokerage firm, the court charged the jury on four causes of action, breach of contract, negligence, fraud, and churning (inordinate trading to generate broker's commissions), but it declined the defendant's request for submission of a special verdict form to the jury. A general verdict was rendered awarding plaintiff $45,000 in compensatory...

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