LEVENTHAL v. MARTIN


25 A.D.2d 508 (1966)

Joe Leventhal, Respondent v. Robert A. Martin, Appellant

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

February 3, 1966


Judgment in favor of plaintiff in the sum of $12,868.84 unanimously reversed, on the law and on the facts, with $50 costs to defendant-appellant, and the complaint dismissed on the ground that plaintiff has failed to establish a cause of action in fraud.

This nonjury action is grounded on fraudulent representations in the sale of 3,000 shares of stock at $9 per share, then being sold at $17 to $18 per share on the market. Plaintiff previously had purchased at various...

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