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ZEMAITIS v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. CIV-83-1442T.

583 F.Supp. 1552 (1984)

Gregory ZEMAITIS, Plaintiff, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. and Geoffrey L. Conklin, Defendants.

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

April 26, 1984.

Attorney(s) appearing for the Case

Sutton, De Leeuw, Clark & Darcy, Rochester, N.Y. (Frank P. Monfredo, Rochester, N.Y., of counsel), for plaintiff.

Nixon, Hargrave, Devans & Doyle, Rochester, N.Y. (Harry P. Trueheart, III, Rochester, N.Y., of counsel), for defendants.

MEMORANDUM DECISION and ORDER

TELESCA, District Judge.

This is an action under the Federal Securities Exchange Act of 1934 and containing a pendent state law claim brought by plaintiff against defendant, Merrill, Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch) and one of its brokers, Geoffrey L. Conklin. The complaint alleges that plaintiff opened an investment account with defendant Merrill Lynch, responsibility for which was given to Conklin. Plaintiff...

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