Robbins v. Tucker Anthony Inc.

Order unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Plaintiff, the owner of an Individual Retirement Account (IRA) of which defendant was the custodian, commenced this action on theories of breach of contract and breach of fiduciary duty. Plaintiff seeks to recover $31,954 withdrawn from the IRA by plaintiff’s former wife, allegedly without plaintiff’s authorization. Plaintiff appeals from an order granting defendant’s motion for summary judgment dismissing the complaint. In granting the motion, Supreme Court found as a matter of law that…