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COOLIDGE v. KASKEL

16 N.Y.2d 559 (1965)

Nicholas J. Coolidge et al., Suing on Behalf of Themselves and All Other Stockholders of 180 Tenants Corporation, Similarly Situated, Appellants, v. Alfred Kaskel et al., Respondents.

Court of Appeals of the State of New York.

Decided May 20, 1965.

Attorney(s) appearing for the Case

Edward L. Sadowsky for appellants.

Charles Feit for respondents.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS and SCILEPPI. Dissent: Judge BURKE. Taking no part: Judge BERGAN.

Order affirmed, with costs. Question certified answered in the affirmative.

Judge BURKE dissents and votes to reverse in the following memorandum: The misrepresentations alleged in the complaint and allegedly contained in the prospectus issued pursuant to section 352-e of the General Business Law upon which the cause of action depends were made to each purchaser of stock in identical terms. That distinguishes this case from Brenner v. Title Guar. ...

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