Goodbody & Co. v. Stern

OPINION OF THE COURT

Arnold G. Fraiman, J.

This is a motion by defendant pursuant to CPLR 3211 to dismiss the complaint on the ground that it is barred by the Statute of Limitations. Plaintiff is a stock brokerage firm and *110defendant was one of its customers. The complaint alleges that in early June, 1969 defendant requested plaintiff to convert four debentures of the EDO Corporation into 170 shares of the common stock of that company. It is alleged that plaintiff, by mistake, credited defendant’s account with 808 shares of stock, rather than the 170 shares to which she was entitled, and…