FESSEHA v. TD WATERHOUSE INVESTOR SERVICES, INC.


305 A.D.2d 268 (2003)

761 N.Y.S.2d 22

YOUM FESSEHA, on Behalf of Himself and All Others Similarly Situated, Appellant, v. TD WATERHOUSE INVESTOR SERVICES, INC., et al., Respondents.

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

Decided May 20, 2003.


The breach of contract claim was properly dismissed. When the statements in the Customer Agreement and the Truth in Lending Disclosure statement are read together and the relevant language is given its plain and ordinary meaning, it is clear that the parties unambiguously agreed to grant defendant TD Waterhouse the right to liquidate securities in plaintiff customer's account, even without notice, when TD Waterhouse deemed such action necessary for its own protection.

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