LYNCH v. GLOBAL STRAT INC.

No. 160.

22 N.Y.3d 877 (2013)

2013 NY Slip Op 6602

MERRILL LYNCH, PIERCE, FENNER & SMITH, INCORPORATED, et al., Respondents, v. GLOBAL STRAT INC., Also Known as GLOBAL STRATEGIES INC., et al., Defendants, and EZEQUIEL NASSER et al., Appellants. (And Another Action.)

Court of Appeals of New York.

Decided October 10, 2013.


Attorney(s) appearing for the Case

Shiboleth LLP, New York City ( Charles B. Manuel, Jr. , and Robert A. Rosenberg of counsel), for appellants.

Bingham McCutchen LLP, New York City ( Kenneth I. Schacter , Timothy J. Stephens and Leigh M. Nemetz of counsel), and Bressler, Amery & Ross, P.C. ( Brian F. Amery and Dominick F. Evangelista of counsel), for respondents.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and RIVERA concur; Judge ABDUS-SALAAM taking no part.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, by vacating the judgment of Supreme Court and remitting to that court for further proceedings in accordance with this memorandum and, as so modified, affirmed.

Merrill Lynch, Pierce, Fenner & Smith, Inc. and Merrill Lynch Capital Services, Inc. (collectively, Merrill Lynch) commenced this action against Ezequiel, Raymond, Albert and Scarlett...

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