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SOPARGE, S. A. v. ROSENBLATT

36 A.D.2d 174 (1971)

Soparge, S. A., Respondent, v. Charles H. Rosenblatt et al., Appellants

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

March 23, 1971.

Attorney(s) appearing for the Case

Michael Miller for appellants.

John M. Foley of counsel (Foley, Hickey & Currie, attorneys), for respondent.

MARKEWICH, KUPFERMAN and McNALLY, JJ., concur with STEUER, J.; McGIVERN, J. P., dissents in an opinion.

STEUER, J.

Plaintiff is a Swiss corporation. Defendants are individuals who are the principals of a corporation called The Fidelity Group, Ltd. (hereinafter Fidelity).

Plaintiff corporation entered into an agreement on April 17, 1969, with Fidelity to purchase 100,000 shares of Fidelity for $250,000. The price was paid. Plaintiff, however, bargained for and received two protective measures which were...

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