Elliott v. Qwest Communications Corp.

Appeal from an order of the Supreme Court (McNamara, J.), entered November 24, 2004 in Albany County, which, inter alia, partially denied defendants’ motion for summary judgment.

In September 1995, plaintiff responded to a written offer to purchase preferred stock in defendant Phoenix Network, Inc. by wiring $50,000 to Phoenix’s bank. Despite his completion of paperwork in October 1995, a supplemental request for information in January 1996 and an assurance by a Phoenix representative at that time that his stock was “in process,” plaintiff never received the stock certificate evidencing his…