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DICKSTEIN v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.

295 N.J. Super. 550 (1996)

685 A.2d 943

ROBERT S. DICKSTEIN AND JANET DICKSTEIN, PLAINTIFFS-RESPONDENTS-CROSS-APPELLANTS, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., AND CHRISTINE M. BERNIUS, DEFENDANTS-APPELLANTS-CROSS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 9, 1996.

Attorney(s) appearing for the Case

Lawrence D. Ross argued the cause for appellants-cross respondents (Bressler, Amery & Ross, attorneys; Lawrence D. Ross and Daniel T. Kopec of counsel; Mr. Ross, on the brief).

Robert S. Dickstein, pro se, argued for respondents-cross-appellants (Mr. Dickstein, attorney; Donna Russo, on the brief).

Before Judges PETRELLA, WALLACE and KIMMELMAN.

The opinion of the court was delivered by PETRELLA, P.J.A.D.

Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch) and Christine M. Bernius (defendants) appeal from summary judgment in favor of plaintiffs Robert S. Dickstein and Janet Dickstein (plaintiffs) ordering defendants to pay most of the funds withheld by Merrill Lynch to satisfy a tax levy on plaintiffs' account by the State of New York.

Defendants argue on appeal that the motion judge erred...

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