Court of Appeals of New York

In an appeal from a judgment of the appellate division reversing the trial court's dismissal of plaintiff's third-party beneficiary complaint for alleged mismanagement of an investment portfolio, judgment is affirmed because the Martin Act does not preempt plaintiff's common-law causes of action for breach of fiduciary duty and gross negligence.

Appellate Information

• Decided 12/20/2011
• Published 12/20/2011

Judges

• GRAFFEO

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Walter Rieman, William A. Maher