Lichter v. Paine, Webber, Jackson & Curtis, Inc.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

David Lichter (“Lichter”) sues Paine, Webber, Jackson & Curtis, Inc. (“Paine Webber”) for having failed to notify Lichter of the need to deposit funds in his securities account before Paine Webber liquidated International Harvester bonds to maintain Lichter’s requisite margin requirements. Lichter’s Complaint advances four claims stemming from that failure to give him advance notice:

1. Count I charges negligence (and perhaps breach of an implied contractual duty).

2. Count II asserts breach of a fiduciary duty.

3. Count III claims a violation…