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NISENZON v. MORGAN STANLEY DW, INC.

Civil Action No. 05-5832.

546 F.Supp.2d 213 (2008)

Arkadi NISENZON and Lilia Shukhatian, Plaintiffs v. MORGAN STANLEY DW, INC., Defendant/Third-Party Plaintiff v. Citizens Financial Group, Inc., Citizens Bank of Rhode Island, Citizens Bank of Pennsylvania and Michael Kogan, Third-Party Defendants.

United States District Court, E.D. Pennsylvania.

March 13, 2008.

Attorney(s) appearing for the Case

Harvey A. Sernovitz, Philadelphia, PA, for Plaintiffs.

Matthew R. Salzwedel, David H. Colvin, Kean K. McDonald, Fox Rothschild, LLP, Philadelphia, PA, for Defendant/Third-Party Plaintiff.

Daniel S. Bernheim, Silverman, Bernheim & Vogel, Philadelphia, PA, for Third-Party Defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

DAVID R. STRAWBRIDGE, United States Magistrate Judge.

Introduction1

Plaintiffs, Arkadi Nisenzon and Lilia Shukhatian ("Plaintiffs"), husband and wife, have sued defendant, Morgan Stanley DW, Inc. ("Morgan") for damages alleging breach of contract and violation of 13 Pa. C.S.A. § 4401. Plaintiffs claim that Morgan improperly paid two fraudulently indorsed...

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