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ATKIN v. HILL, DARLINGTON & GRIMM

18 N.Y.2d 980 (1966)

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

Court of Appeals of the State of New York.

Decided December 30, 1966.

Attorney(s) appearing for the Case

Arnold I. Burns, Milton E. Mermelstein, Stanley T. Lesser, Jay D. Fischer and Erwin Cherovsky for appellants.

Thomas W. Hill, Jr., and Alfred Lawrence Toombs for respondents.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.

Order affirmed, with costs, upon the majority opinion at the Appellate Division; no opinion.

Judge KEATING concurs in the result upon the ground that the stock had been "offered to the public in this state" more than one year before the first sale to plaintiffs. This is evidenced by three actual sales in 1957 and, even more clearly, by quotations of the stock in the "pink sheets" of over-the-counter quotations available to broker...

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