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LAUB v. FAESSEL

297 A.D.2d 28 (2002)

745 N.Y.S.2d 534

KENNETH D. LAUB, Appellant, v. JOHN L. FAESSEL et al., Respondents.

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

August 1, 2002.

Attorney(s) appearing for the Case

David Boies of counsel, Armonk (Sherab Posel and David Bergman on the brief; Boies, Schiller & Flexner LLP and Frydman & Bergman, New York City, attorneys), for appellant.

Glen Banks of counsel, New York City (Felice B. Galant on the brief; Fulbright & Jaworski L.L.P., attorneys), for respondents.

TOM, J.P., MAZZARELLI, WALLACH and MARLOW, JJ., concur.

OPINION OF THE COURT

ROSENBERGER, J.

Plaintiff's second amended complaint alleges that, in 1993, defendant John L. Faessel introduced himself to plaintiff as a "duly registered investment advisor, specializing in advising high net worth individuals" with respect to the stock market and that, subsequently, Faessel represented to plaintiff that he had "extensive training and expertise as a technical analyst and chartist" as well as a "broad client base" to...

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