HOLMES v. GARY GOLDBERG & COMPANY, INC.


40 A.D.3d 1033 (2007)

838 N.Y.S.2d 105

GERALD HOLMES et al., Appellants, v. GARY GOLDBERG & COMPANY, INC., Respondent.

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

Decided May 29, 2007.


Ordered that the order is reversed, on the law, with costs, and the motion to dismiss the complaint is denied.

The plaintiffs allege that they incurred economic injury when their sister, a financial advisor in the employ of the defendant, converted monies from their brokerage account. They brought this action to recover damages for their alleged economic loss, seeking to hold the defendant vicariously liable for their sister's actions. The defendant moved to dismiss...

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