Legal Opinion

Merrill Lynch, Pierce, Fenner & Smith Inc v. Kuang Ming Chan

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

Decided March 20, 2007Published

1Opinion of the Court

Order and judgment (one paper), Supreme Court, New York County (Faviola A. Soto, J.), entered April 6, 2006, confirming the arbitration award in petitioners’ favor, unanimously affirmed, without costs.

In 1995, respondent Kuang Ming Chan, an experienced ac*356countant, rolled over his 401 (k) investment account into an IRA with petitioners. As a result of respondent’s own trading in various stocks, he lost money. He then blamed petitioners for, inter alia, failing to advise him on stock purchasing, or to stop him from trading on his own. The NASD arbitration panel found that the trades in question…

2Cases cited3 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. In re the Arbitration between Shannon & Liberty Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1997
  3. Uram v. GarfinkelAppellate Division of the Supreme Court of the State of New York · 2005

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