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CRIGGER v. FAHNESTOCK AND CO., INC.

Docket No. 05-2428 CV.

443 F.3d 230 (2006)

Frederick W. CRIGGER, DSMcKee Investments Inc., Jack Schueler, Eva Schueler and Csdesign, Inc., Plaintiffs-Counter-Defendants-Appellants, v. FAHNESTOCK AND COMPANY, INC. and Aurelio Vuono, Defendants-Appellees, Raymond Minicucci, Defendant, David S. McKee and Terry Wilkinson, Plaintiffs-Counter-Defendants, Momentum Investments Ltd., Plaintiff.

United States Court of Appeals, Second Circuit.

Decided: March 29, 2006.

Attorney(s) appearing for the Case

Eric J. Grannis, Law Offices of Eric J. Grannis, New York, NY, for Plaintiffs-Counter-Defendants-Appellants.

Howard Wilson, Proskauer Rose LLP, New York, NY, for Defendant-Appellee Fahnestock and Company, Inc.

Before: JACOBS, STRAUB, and POOLER, Circuit Judges.

DENNIS JACOBS, Circuit Judge.

Victims of a Ponzi scheme brought suit for common law fraud against the schemers — Aurelio Vuono and Raymond Minicucci — and Fahnestock & Co. ("Fahnestock"), a financial institution that employed Minicucci and was used by him and Vuono as a financial intermediary. Although Minicucci had settled, his role was contested at trial in the context of Fahnestock's liability under the doctrine of respondeat superior....

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