Legal Opinion

Fallon v. Wall Street Clearing Co.

Appellate Division of the Supreme Court of the State of New York

Decided August 20, 1992PublishedCited by 29 opinions

1Opinion of the Court

OPINION OF THE COURT

Wallach, J.

The order appealed from having dismissed the complaint for failure to state a cause of action, its allegations must, at this stage of the action, be accepted as true (Sanders v Winship, 57 NY2d 391, 394). Measured under that well-settled standard, we discern several cognizable causes of action within the pleading under review, and we modify the order accordingly.

As set forth in the complaint, defendant Beuret and Company, a securities dealer-broker established in 1985, earned its profits from underwriting initial public offerings. Plaintiff Giglio was a…

2Cases cited7 opinions

  1. Center v. Hampton Affiliates, Inc.New York Court of Appeals · 1985
  2. Sanders v. WinshipNew York Court of Appeals · 1982
  3. Wechsler v. BowmanNew York Court of Appeals · 1941
  4. Baker's Aid, a Division of M. Raubvogel Co. v. Hussmann Foodservice Co.District Court, E.D. New York · 1990
  5. State Enterprises, Inc. v. Southridge Cooperative Section 1, Inc.Appellate Division of the Supreme Court of the State of New York · 1963

2 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Diesel Props S.R.L. v. Greystone Business Credit II LLCCourt of Appeals for the Second Circuit · 2011
  2. Caprer v. NussbaumAppellate Division of the Supreme Court of the State of New York · 2006
  3. SNS Bank v. CitibankAppellate Division of the Supreme Court of the State of New York · 2004
  4. Bogoni v. FriedlanderAppellate Division of the Supreme Court of the State of New York · 1994
  5. Talansky v. SchulmanAppellate Division of the Supreme Court of the State of New York · 2003

24 more not listed; retrieve them via the Exa API.

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