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

No. 84 Civ. 7614 (WK).

618 F.Supp. 436 (1985)

Abraham SILVERSTEIN, Plaintiff, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., J.B. Leonard, Mark Fisher and Donald J. Tabone, Defendants.

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

October 2, 1985.

Attorney(s) appearing for the Case

Law Offices of Bertram Zweibon by Lorraine K. Bracker, New York City, for plaintiff.

Howard G. Meyers, Jr., New York City, for defendants.

MEMORANDUM & ORDER

WHITMAN KNAPP, District Judge.

Defendant moves to dismiss a complaint alleging violations of the anti-fraud provisions of the federal securities laws,1 the rules of the National Association of Securities Dealers ("NASD") and the New York Stock Exchange ("NYSE"), and various state law obligations of due care and fiduciary duty. For the reasons which follow we dismiss the causes of action asserting violation...

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