Opinion

M.I.F. Securities Co. v. R. C. Stamm & Co.

  • 94 A.D.2d 211
  • 463 N.Y.S.2d 771
  • 1983 N.Y. App. Div. LEXIS 17973
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Jun 16, 1983
Status
Published
Author
Fein
On the bench
Fein, Kassal, Sullivan
Cited by
37 cases

"The law ... does not allow such facile interchange of identities. The jural rights of a partnership, as an entity, are separate and distinct from those of its partners and employees, as individuals.”

How later courts described this case

  • "The law ... does not allow such facile interchange of identities. The jural rights of a partnership, as an entity, are separate and distinct from those of its partners and employees, as individuals.”

Written by the judges who cited it.

The opinion

Fein, J. (dissenting).

I would affirm.

The construction placed on the U-4 application would render the arbitration clause contained therein meaningless and without purpose. The term “my firm” necessarily had to mean M.I.F. Securities Company (M.I.F.), the Amex member, not R. C. Stamm & Co. (Stamm), which was not a member. There could be no dispute between the individuals, as such, and M.I.F. Whatever their dispute with M.I.F., it encompassed disputes between M.I.F. and the collective entity Stamm, albeit Stamm was a partnership.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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