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ATKIN v. HILL, DARLINGTON & GRIMM

12 N.Y.2d 940 (1963)

Samuel Atkin et al., Appellants-Respondents, v. Hill, Darlington & Grimm et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided January 23, 1963.

Attorney(s) appearing for the Case

Arnold I. Burns, Stanley T. Lesser and Jay D. Fischer for appellants-respondents.

George Zeidenstein, Charles Krupin and Joel M. Handel for respondents-appellants.

Concur: Chief Judge DESMOND and Judges FULD, FOSTER and SCILEPPI. Judges DYE, VAN VOORHIS and BURKE dissent and vote to modify and to dismiss the complaint upon the ground that under the applicable statute criminal liability is the exclusive redress for its violation (Sajor v. Ampol, Inc., 275 N.Y. 125; Rosasco Creameries v. Cohen, 276 N.Y. 274). The question certified on the cross appeal to this court should be answered in the negative.

Orders affirmed, without costs. The questions certified on the appeal and the cross appeal answered in the affirmative...

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