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PARLATO v. EQUITABLE LIFE

299 A.D.2d 108 (2002)

749 N.Y.S.2d 216

VIRGINIA T. PARLATO et al., Appellants, v. EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Respondent.

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

October 17, 2002.

Attorney(s) appearing for the Case

Steven M. Lester for appellants.

Larry H. Krantz of counsel (Mary Lou Chatterton and Marjorie Berman on the brief; Krantz & Berman LLP, attorneys), for respondent.

NARDELLI, J.P., TOM, SAXE and SULLIVAN, JJ., concur.

OPINION OF THE COURT

FRIEDMAN, J.

Plaintiffs, who are sisters, were defrauded by Kenneth Soule, an agent of defendant Equitable Life Assurance Society of the United States (Equitable), beginning while Soule was employed by Equitable and continuing after Equitable terminated him in July 1992. Soule actually opened an Equitable account for one plaintiff, but he did not do so for the other, instead stealing all the funds that plaintiff entrusted to him. While...

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