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FREDERICK v. SMITH

No. A-1620-09T2.

7 A.3d 780 (2010)

416 N.J. Super. 594

Leonard L. FREDERICK, the Estate of Colette A. Frederick, Frances A. Frederick, Matthew F. Streib, Lauren A. Streib, John Sasser, III, Susan Sasser, Richard J. Lisco, Daria H. Lisco, Anthony Meola and Maria Meola, Plaintiffs-Appellants, v. Maxwell Baldwin SMITH, Holly Smith, Cantone Research, Inc., PNC Investments, J.J.B. Hilliard, W.L. Lyons, Inc., Atlantic Group Securities, Inc., and Rickel & Associates, Inc., Defendants, and Merrill Lynch, Pierce, Fenner & Smith, Inc., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided November 9, 2010.

Attorney(s) appearing for the Case

D'Alessandro & Jacovino, attorneys for appellants (Edward G. D'Alessandro, Jr., Florham Park, on the brief).

Bressler, Amery & Ross, attorneys for respondent (David J. Libowsky, Florham Park, on the brief).

Before Judges CUFF, FISHER and SIMONELLI.

The opinion of the court was delivered by FISHER, J.A.D.

Plaintiffs commenced these actions1 alleging that defendant Maxwell Baldwin Smith (Smith) convinced them to invest in Healthcare Financial Partnership (HFP), a fictitious entity. As part of the fraud, Smith instructed plaintiffs to convey the invested funds to an account he maintained with defendant Merrill Lynch, Pierce, Fenner & Smith (Merrill Lynch). Because plaintiffs had...

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