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APT v. MORGAN STANLEY DW, INC.

11931, 100594/12

115 A.D.3d 466 (2014)

981 N.Y.S.2d 680

2014 NY Slip Op 1541

ANITA L. APT et al., Appellants, v. MORGAN STANLEY DW, INC., et al., Respondents, et al., Defendant.

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

Decided March 11, 2014.

Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered December 11, 2012, which granted the motion of defendants Morgan Stanley DW, Inc. and Morgan Stanley & Co., Inc. (collectively, Morgan Stanley) to dismiss the complaint pursuant to CPLR 3211 (a) (5), unanimously affirmed, without costs.

In 2004 and 2005, nonparty Charles Winitch, while an employee of Morgan Stanley, allegedly churned trades on decedent Nellie Apt's brokerage accounts at the firm...

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