EISENBARTH v. SHEARSON


110 Misc.2d 578 (1981)

Harold Eisenbarth, Plaintiff, v. Shearson Loeb Rhoades, Inc., et al., Defendants.

Supreme Court, Sullivan County.

August 25, 1981


Attorney(s) appearing for the Case

Stroock & Stroock & Lavan (Burton N. Lipshie of counsel), for defendants. John S. McBride for plaintiff.


LAWRENCE E. KAHN, J.

The defendants move for an order dismissing the complaint for failure to state a cause of action, and the plaintiff cross-moves for summary judgment.

The complaint alleges that the plaintiff maintained an account with the defendants for the purpose of buying and selling stocks, and that on January 30, 1979, the defendants delivered a statement to the plaintiff's wife that a stock sale transaction had taken place in the plaintiff...

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