United States Second Circuit

Where a broker's allegations disputing the customer status of the defendants clearly sufficed to raise factual issues requiring resolution by the District Court, and where plaintiff's allegations disputing the customer status of defendants clearly sufficed to raise factual issues requiring resolution by the District Court, the suit's dismissal is reversed.

Appellate Information

• Decided 02/11/2003
• Published 02/11/2003

Judges

• JON O. NEWMAN, Circuit Judge., Before:  MESKILL, NEWMAN, and POOLER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Brian D. Graifman,Gusrae, Kaplan & Bruno, PLLC, New York, N.Y., for Plaintiff-Appellant.


• For Appellees:
  
• Richard C. Fooshee, New York, N.Y, for Defendants-Appellees.