- 8 - York. In a letter to the New York attorney general’s office, petitioner stated: Kidder, Peabody & Co., by its own action breached our brokerage agreement and forced a liquidation. I refused to transfer this account to any other broker. In my letter of May 12, 1987, I told them that I desired to liquidate the account. I requested this orally on several prior occasions. * * * None of these agencies decided to take action against Kidder Peabody; the NASD specifically determined that it could not find that there had been a violation of its rules. In 1989, petitioner commenced litigation against Kidder Peabody and some of its employees in the U.S. District Court for the Southern District of New York. In 1990, the District Court ordered the parties to arbitrate their differences. Petitioner sought review of this order in the U.S. Court of Appeals for the Second Circuit. In January of 1991, the Court of Appeals dismissed the appeal because the arbitration order was not appealable. In October 1991, petitioner sent a letter to the District Court seeking permission to file a motion for injunctive relief on the grounds that Kidder Peabody failed to liquidate his account. Sheila Chervin, an attorney in the general counsel’s office of Kidder Peabody, responded in a letter to the District Court dated October 24, 1991, with a copy to petitioner. Ms. Chervin explained that Kidder Peabody had no letter on file fromPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011