McCORMACK FAMILY CHARITABLE FOUND. v. FIDELITY BROKERAGE SERVS., LLC

Index No. 655270/18. Appeal No. 13966-13966A. Case No. 2020-02859.

195 A.D.3d 420 (2021)

150 N.Y.S.3d 60

2021 NY Slip Op 03414

The McCormack Family Charitable Foundation et al., Appellants-Respondents, v. Fidelity Brokerage Services, LLC, Respondent, and Interactive Brokers, LLC, Respondent-Appellant, et al., Defendants.

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

Decided June 1, 2021.


Attorney(s) appearing for the Case

Kagen, Caspersen & Bogart PLLC, New York ( Stuart Kagen of counsel), for appellants-respondents.

Dechert LLP, New York ( Gary J. Mennitt of counsel), for respondent-appellant.

Cohen & Gresser LLP, New York ( Daniel H. Tabak of counsel), for respondent.

Concur—Gische, J.P., Webber, Singh, Kennedy, JJ.


Plaintiffs are trusts, individuals, and friends who were enticed to enter into investments at the behest of Andrew Caspersen, who, rather than investing their money, used it to further his gambling addiction by betting against the market with funds held first at Fidelity and later at Interactive. Caspersen lost all of the invested funds, and subsequently pleaded guilty to securities and wire fraud arising from his theft from plaintiffs...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases