GUICE v. SCHWAB & CO.


89 N.Y.2d 31 (1996)

674 N.E.2d 282

651 N.Y.S.2d 352

Kenneth H. Guice, Respondent, v. Charles Schwab & Co., Inc., Appellant. Frank J. Evangelist, Jr., Respondent, v. Fidelity Brokerage Services, Inc., Appellant.

Court of Appeals of the State of New York.

Decided October 17, 1996.


Attorney(s) appearing for the Case

Morgan, Lewis & Bockius LLP, New York City (Catherine A. Ludden, John E. Failla, Thomas R. Stritter and Elizabeth A. Cronin of counsel), for appellant in the first above-entitled action.

Milberg Weiss Bershad Hynes & Lerach LLP, New York City (Richard M. Meyer and Stephen H. Schwartz of counsel), for respondent in the first above-entitled action.

O'Melveny & Myers LLP (Donald T. Bliss, Bruce A. Hiler, Joseph C. Lombard, James H. Bolin, Jr., and Brian P. Brooks, of the District of Columbia Bar, admitted pro hac vice, of counsel), and Stuart J. Kaswell, of the District of Columbia Bar, admitted pro hac vice, for Securities Industry Association, amicus curiae in the first above-entitled action.

Brown & Wood, New York City (A. Robert Pietrzak and Robert C. Reuland of counsel), for appellant in the second above-entitled action.

Milberg Weiss Bershad Hynes & Lerach, New York City (Richard M. Meyer and Stephen H. Schwartz of counsel), for respondent in the second above-entitled action.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and CIPARICK concur.


LEVINE, J.

The plaintiffs in these appeals are former retail customers of defendants Charles Schwab & Co., Inc. (Schwab) and Fidelity Brokerage Services, Inc. (Fidelity). Schwab and Fidelity are "discount" stock brokerage houses, operating nationwide, who charge reduced commissions for effecting securities transactions for their clientele and hold themselves out as offering quicker executions of orders on...

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