395 Mass. 1004 | Mass. | 1985
The plaintiffs brought this action in the Superior Court seeking damages for losses they suffered when shares of stock they purchased from the defendant’s
We need not decide whether this controversy is govened by New York law and, for that reason, is unaffected by G. L. c. 93A. In any event, the judge properly dismissed the complaint. After this case had been orally argued, we responded to a question certified to us by the United States District Court for the District of Massachusetts pursuant to S.J.C. Rule 1:03, as appearing in 382 Mass. 700 (1981), by declaring that G. L. c. 93A does not apply to securities transactions. Cabot Corp. v. Baddour, 394 Mass. 720 (1985). That response, to which we adhere, determines the present action.
Judgment affirmed.
Tucker, Anthony, & R. L. Day, a partnership.
Rule 12 (b) (6) of Mass. R. Civ. P., 365 Mass. 754 (1974), provides that if “matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56.” The parties raise no question about the judge’s treating the motion as a mie 12 (b) (6) motion despite his consideration of the affidavit and customer agreement. Nothing turns on that procedural matter.