Beinin v. Berk

— Order, Supreme Court, New York County (Whitman, J.), entered July 27, 1981, unanimously reversed, on the law, and defendants-appellants’ motion to dismiss the complaint granted, with costs. Plaintiff-respondent was counsel to one Lynne Wayne, remainderman of a trust. She became entitled on the death of the life tenant of the trust to the ownership of certain stock, which had been held by defendant National Surety Corp. (NSC) as collateral for the life tenant’s bond. Wayne and her mother spoke to defendant Berk, an underwriter in NSC’s office, who explained to them that the corporation which…