WAY FAMILY TRUST v. SAGEPOINT FIN., INC.

Index No. 161431/18. Appeal No. 12323. Case No. 2020-02252.

188 A.D.3d 475 (2020)

131 N.Y.S.3d 874

2020 NY Slip Op 06410

Way Family Trust, by and through its Co-Trustees Gregory Elmore and Another, Appellant, v. Sagepoint Financial, Inc., et al., Respondents.

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

Decided November 10, 2020.


Plaintiff alleges that it invested some $1.4 million in investments, and that it instructed its broker/investment advisor (broker) that its paramount goal was the safety of those investments. Plaintiff alleges that the broker instead placed the funds in risky investments, which consequently lost about $550,000. The broker left defendants' employ in 2009, and plaintiff permitted him to continue servicing its financial needs at other financial institutions. Plaintiff commenced...

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