EVANGELIST v. FID. BROKERAGE SERVS., INC.


224 A.D.2d 211 (1996)

637 N.Y.S.2d 392

Frank J. Evangelist, Jr., Appellant, v. Fidelity Brokerage Services, Inc., Respondent

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

February 6, 1996


This is an appeal from the dismissal of a class action by plaintiff, a customer, alleging that defendant, a discount securities broker, in violation of New York State statutory and common law, received payments, called "order flow payments" from market makers for placing its orders with them. According to plaintiff, defendant's practice of receiving cash payments or other inducement was never disclosed to its customers either in its advertisements or customer agreements and...

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