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ATKIN v. HILL, DARLINGTON & GRIMM

23 A.D.2d 331 (1965)

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

Appellate Division of the Supreme Court of the State of New York, First Department.

June 17, 1965.

Attorney(s) appearing for the Case

Arnold I. Burns of counsel (Milton E. Mermelstein and Erwin Cherovsky with him on the brief; Mermelstein, Burns & Lesser, attorneys), for appellants.

Thomas W. Hill, Jr., of counsel (Alfred Lawrence Toombs with him on the brief; Spear & Hill, attorneys), for respondents.

RABIN, McNALLY and STEUER, JJ., concur in Per Curiam opinion; EAGER, J., dissents in opinion, in which BOTEIN, P. J., concurs.

Per Curiam.

A majority of the court votes to affirm Trial Term's verdict in favor of the defendants, though not all of the court are in agreement with the conclusion that the transactions proved constituted an offering to the public in this State as provided for by subdivision 6 of section 51 of the Insurance Law.

Affirmance despite this divergence of view with Trial Term is predicated on what was established...

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