PANE v. CITIBANK, N.A.


19 A.D.3d 278 (2005)

797 N.Y.S.2d 76

EUGENE PANE et al., Appellants, v. CITIBANK, N.A., Respondent.

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

June 23, 2005.


Plaintiff investors' causes of action for breach of contract and negligence, alleging defendant investment manager's failure to promptly comply with plaintiffs' oral instruction to liquidate their stock holdings in accordance with defendant's oral recommendation made three weeks earlier, were properly dismissed in view of the plain language of the parties' agreement relieving defendant of liability for any losses resulting from its acting or refusing to act on instructions...

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