Massachusetts Superior Court September 7, 2004, No. 021926BLS (Balsbaugh v. Fidelity Brokerage Services, LLC)

van Gestel, Allan, J.

This matter is before the Court on a motion by the defendants for summary judgment and a cross motion by the plaintiffs for partial summary judgment. There are two counts in the complaint: Count I, for breach of contract; and Count II, for violation of a section of the Uniform Commercial Code (the “U.C.C”).