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SMITH v. MERRILL LYNCH & CO., INC.

2009-00465

69 A.D.3d 843 (2010)

892 N.Y.S.2d 765

2010 NY Slip Op 505

NOEL SMITH, Respondent, v. MERRILL LYNCH & CO., INC., Appellant, and FITZGERALD & FITZGERALD, P.C., et al., Defendants. (And a Third-Party Action.)

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

Decided January 19, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs to the respondent.

The Supreme Court properly denied that branch of the motion of the defendant Merrill Lynch & Co., Inc. (hereinafter Merrill Lynch), which was for summary judgment dismissing the second cause of action asserted against it, which sounds in negligence. Merrill Lynch failed to establish, prima facie, that it did not breach a duty of care to the plaintiff. The record contains...

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