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ATKIN v. HILL, DARLINGTON & GRIMM

44 Misc.2d 863 (1964)

Samuel Atkin et al., Plaintiffs, v. Hill, Darlington & Grimm et al., Defendants and Third-Party Plaintiffs. Federal Insurance Company, Third-Party Defendant.

Supreme Court, Special and Trial Term, New York County.

December 3, 1964

Attorney(s) appearing for the Case

Mermelstein, Burns & Lesser (Arnold I. Burns and Jay D. Fischer of counsel), for plaintiffs. Spear & Hill (Thomas W. Hill, Jr., and Alfred Lawrence Toombs of counsel), for Hill, Darlington & Grimm, defendants and third-party plaintiffs. Davis, Polk, Wardwell, Sunderland & Kiendl (Robert B. Fiske, Jr., and Norman Donald, III, of counsel), for third-party defendant.

SAMUEL C. COLEMAN, J.

Three plaintiffs join in an action against a stock brokerage firm to rescind the purchase of shares of an insurance company purchased through the defendants and to recover the amount of the purchase price — nearly $60,000. The shares were of a Colorado life insurance company "not authorized to do business" in New York, and the defendants had no license from the Superintendent of...

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