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DWECK v. OPPENHEIMER & CO., INC.

30 A.D.3d 163 (2006)

816 N.Y.S.2d 440

JACK S. DWECK, Appellant, v. OPPENHEIMER & CO., INC., et al., Respondents.

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

June 1, 2006.

Plaintiff's causes of action for breach of contract and fraud were properly dismissed on the ground that since he made no payments to defendants, and there being no dispute that the bonds could have been purchased from other brokers, no damages were sustained (see Gordon v Dino De Laurentiis Corp., 141 A.D.2d 435, 436, 437 [1988]). Plaintiff's causes of action for specific performance and declaratory judgment were properly dismissed...

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