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ROBBINS v. TUCKER ANTHONY INC.

233 A.D.2d 854 (1996)

649 N.Y.S.2d 856

Carlton Robbins, Appellant, v. Tucker Anthony Incorporated, Respondent

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

November 8, 1996

Order unanimously reversed on the law without costs, motion denied and complaint reinstated.

Memorandum:

Plaintiff, the owner of an Individual Retirement Account (IRA) of which defendant was the custodian, commenced this action on theories of breach of contract and breach of fiduciary duty. Plaintiff seeks to recover $31,954 withdrawn from the IRA by plaintiff's former wife, allegedly without plaintiff's authorization. Plaintiff appeals from an order granting...

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