Ritner v. Harris, Upham & Co.

This is a motion to dismiss the complaint for failure to state a cause of action. Plaintiff employed defendant stock brokerage firm to act as her agent in security transactions. Thereafter, defendant was served with a subpoena duces tecum in an action in the Supreme Court, Queens County, entitled Miriam Schulberg v. Norbert Schulberg, requiring defendant to appear in court and produce its records relating to plaintiff’s stock brokerage account. Instead of appearing before the court with the plaintiff’s brokerage records pursuant to the subpoena, defendant delivered to counsel for Norbert…