ELLIOTT v. QWEST COMMUNICATIONS CORPORATION


25 A.D.3d 897 (2006)

808 N.Y.S.2d 443

RAYMOND A. ELLIOTT, JR., Respondent, v. QWEST COMMUNICATIONS CORPORATION et al., Appellants.

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

January 12, 2006.


Carpinello, J.

In September 1995, plaintiff responded to a written offer to purchase preferred stock in defendant Phoenix Network, Inc. by wiring $50,000 to Phoenix's bank. Despite his completion of paperwork in October 1995, a supplemental request for information in January 1996 and an assurance by a Phoenix representative at that time that his stock was "in process," plaintiff never received the stock certificate evidencing his investment. Significantly, he made...

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