It is apparent that plaintiff was a trustee who purchased the shares of stock in question for trust beneficiaries. As such, it had legal capacity to sue in its own name and was not required to join as party plaintiffs the persons for whose benefit the shares were held (CPLR 1004). Finally, the complaint against Weil was sufficient. Under the first cause of action for fraud, Weil need not have personally made the misrepresentations to plaintiff in order to make the claim actionable...
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