GOLDSTEIN v. CIBC WORLD MARKETS CORP.


6 A.D.3d 295 (2004)

776 N.Y.S.2d 12

NORMAN GOLDSTEIN, Respondent-Appellant, v. CIBC WORLD MARKETS CORP. et al., Appellants-Respondents, et al., Defendant.

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

April 22, 2004.


Documentary evidence submitted by defendants, as well as plaintiff's own affidavit, indicates that Tassinari, an employee of defendant Tasin, was the actual borrower from plaintiff's decedent, and that appellants never entered into any contract with the decedent. However, these submissions do not conclusively establish such facts as a matter of law (see Leon v Martinez, 84 N.Y.2d 83

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