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MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. v. CAVICCHIA

Nos. 69 Civ. 947 and 1560.

311 F.Supp. 149 (1970)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INCORPORATED, Plaintiff, v. Elsie CAVICCHIA, the State of New York, Arthur Weiss, as temporary receiver for the State of New York, Anna L. Parillo and Louis J. Parillo, Defendants. REYNOLDS & CO., Plaintiff, v. Elsie CAVICCHIA, the State of New York, Arthur Weiss, as temporary receiver for the State of New York, Anna L. Parillo and Louis J. Parillo, Defendants.

United States District Court, S. D. New York.

March 12, 1970.

Attorney(s) appearing for the Case

Brown, Wood, Fuller, Caldwell & Ivey, New York City, for plaintiff Merrill Lynch, Pierce, Fenner & Smith, Inc.; Robert A. Foy, New York City, of counsel.

Townsend & Lewis, New York City, for plaintiff Reynolds & Co.; Eliot H. Lumbard, Daniel E. Kirsch, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., State of New York, Albany, N. Y., for defendant, The State of New York; Philip Weinberg, New York City, of counsel.

Arthur Weiss, pro se.

OPINION

LASKER, District Judge.

The Attorney General of the State of New York brought suit under Article 23-A of the New York General Business Law, McKinney's Consolidated Laws, c. 20 ("Martin Act"), General Business Law § 352 et seq., against one Elsie Cavicchia. A receiver (defendant Arthur Weiss) of Cavicchia's property was appointed and authorized to take possession of such of her property as was in the hands of her brokers, the plaintiffs here...

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