WACHOVIA SECURITIES, LLC v. JOSEPH


56 A.D.3d 269 (2008)

866 N.Y.S.2d 651

WACHOVIA SECURITIES, LLC, Appellant, v. RICHARD A. JOSEPH, Individually, as Trustee to the R.J. Alan Co. Inc. Profit Sharing Plan Dtd., and as Responsible Individual to Pepper Caylie Kundtz Joseph Coverdell IRA, et al., Respondents, et al., Defendants.

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

November 6, 2008.


The Seibels Bruce Group (Seibels), a nonparty to this action, is a holding company for property and casualty insurance companies. On March 1, 2004, Wachovia bought Seibels securities for its account, after which those securities underwent a 1,000-to-1 reverse stock split. In attempting to close its position by selling those shares, Wachovia claimed that it "mistakenly" short sold the new securities, which had a new trading symbol and a starkly different value. Wachovia commenced...

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