Nisenzon v. Morgan Stanley DW, Inc.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

DAVID R. STRAWBRIDGE, United States Magistrate Judge.

Introduction 1

Plaintiffs, Arkadi Nisenzon and Lilia Shukhatian (“Plaintiffs”), husband and wife, have sued defendant, Morgan Stanley DW, Inc. (“Morgan”) for damages alleging breach of contract and violation of 13 Pa. C.S.A. § 4401. Plaintiffs claim that Morgan improperly paid two fraudulently indorsed checks drawn on their account at Morgan and improperly debited $300,000, the aggregate amount of the two checks, from that account. Morgan has denied liability to Plaintiffs and at the same time has…