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NASH v. GAY APPAREL CORP.

27 Misc.2d 903 (1961)

Louis I. Nash, Plaintiff, v. Gay Apparel Corporation et al., Defendants.

Supreme Court, Special Term, New York County.

March 13, 1961

Attorney(s) appearing for the Case

Edward J. Mallin for Gay Apparel Corp., defendant. Raphael H. Weissman for Joseph Nash, defendant. Henry S. Miller for plaintiff.

EDGAR J. NATHAN, JR., J.

This is a motion to dismiss the complaint for legal insufficiency. The complaint in essence seeks rescission of a sale of stock of the corporate defendant on the ground of fraudulent representations as to its value. Defendants rely on the general rule to the effect that representations as to value, however false and misleading, are not actionable...

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