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PRUDENTIAL-BACHE SEC., INC. v. CITIBANK

141 A.D.2d 353 (1988)

Prudential-Bache Securities, Inc., Appellant-Respondent, v. Citibank, N. A., Respondent-Appellant

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

June 14, 1988

Asch and Kassal, JJ., dissent, in part, in a memorandum by Asch, J., as follows:

By dismissing the complaint, the majority has accepted the narrow technical argument asserted by the defendant under the Uniform Commercial Code. It overlooks the realities of the situation presented to us. The majority, as a consequence, has rejected any consideration of the plaintiff's very substantial monetary loss and it condones what appears...

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