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IMBURGIO v. TOBY

4653, 601282/09.

82 A.D.3d 653 (2011)

920 N.Y.S.2d 43

SALVATORE IMBURGIO et al., Appellants, v. GLENN TOBY et al., Defendants, and WACHOVIA SECURITIES, LLC, Respondent.

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

Decided March 29, 2011.

Plaintiffs failed to allege facts that, even with "the benefit of every possible favorable inference" (Leon v Martinez, 84 N.Y.2d 83, 87 [1994]; see People v Coventry First LLC, 13 N.Y.3d 108, 115 [2009]), would impute liability to defendant Wachovia for the conduct of its employee. While plaintiffs asserted that defendant's employee was vested with apparent authority based upon...

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