APFEL v. PRUDENTIAL-BACHE SEC. INC.


183 A.D.2d 439 (1992)

Robert C. Apfel et al., Respondents-Appellants, v. Prudential-Bache Securities Inc., Appellant-Respondent

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

May 7, 1992


This action arises out of a contract whereby plaintiffs conveyed to defendant a system, then asserted as revolutionary by the plaintiffs, but now commonly accepted in the securities industry, of trading municipal securities through "immobilization" and book entry. The ultimate issue to be determined is whether the procedure as devised by plaintiffs was sufficiently novel, that is, the fully realized product of a combination of previously known disparate elements (see,...

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