Balsbaugh v. Fidelity Brokerage Services, LLC

van Gestel, Allan, J.

This matter is before the Court on a motion by the defendants for summary judgment and a cross motion by the plaintiffs for partial summary judgment. There are two counts in the complaint: Count I, for breach of contract; and Count II, for violation of a section of the Uniform Commercial Code (the “U.C.C”).

BACKGROUND

The plaintiffs are Richard and Maureen Balsbaugh (“Richard” and “Maureen” or collectively the “Balsbaughs”).

In October 1998, Richard opened a Fidelity Ultra Service Account (the “Fidelity Account”) with the defendant Fidelity Brokerage Services, LLC…