Legal Opinion

First Regional Securities, Inc. v. Villella

Civil Court of the City of New York

Decided December 11, 1975PublishedCited by 4 opinions

1Opinion of the CourtBurton S. Sherman, J.

In this nonjury action the plaintiff a stockbroker seeks to recover damages from its customer resulting from an alleged executed order for the sale of stock. *791The defense to the action is mistake, negligence and failure to mitigate damages.

The facts are that the defendant’s son who had authority to trade for his father visited plaintiff brokerage office on January 24, 1974. After examining the "pink sheets” which list daily stock quotations, the defendant’s son noticed that an over-the-counter common stock of General Energy Corporation was trading at $7 a share. The defendant’s son discussed…

2Cases cited5 opinions

  1. Balaban-Gordon Co. v. Brighton Sewer District No. 2Appellate Division of the Supreme Court of the State of New York · 1973
  2. Coffin v. . City of BrooklynNew York Court of Appeals · 1889
  3. Bond & Goodwin, Inc. v. Du PontNew York Court of Appeals · 1939
  4. Bond & Goodwin, Inc. v. duPontAppellate Division of the Supreme Court of the State of New York · 1938
  5. Powderly v. Ætna Casualty & Surety Co.New York Supreme Court · 1972

3Cited by4 opinions

  1. Ryan v. BoucherAppellate Division of the Supreme Court of the State of New York · 1988
  2. Copland v. NathanielNew York Supreme Court · 1995
  3. Desiderato v. N & A Taxi, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
  4. Flintlock Construction Services, LLC v. American Safety Risk Retention Group, Inc.District Court, N.D. Georgia · 2011

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