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ASHTON v. THORNLEY REALTY CO.

No. 69 Civ. 5630.

346 F.Supp. 1294 (1972)

Joseph J. ASHTON, Plaintiff, v. THORNLEY REALTY CO., a co-partnership, et al., Defendants.

United States District Court, S. D. New York.

May 1, 1972.

Attorney(s) appearing for the Case

Dublirer, Haydon & Straci, New York City, for plaintiff; Charles Haydon, New York City, of counsel.

Davis, Gilbert, Levine & Schwartz, New York City, for defendant Peteavage; Patricia Hatry, New York City, of counsel.

Bachner, Tally & Mantell, New York City, for defendants Thornley Realty Co., and Dwelling Managers, Inc.

McLaughlin, Stern, Ballen & Miller, New York City, for defendant 215 East 79th Street, Inc.

McKenzie, Cabell, Martin & Greene, New York City, for defendant Douglas Gibbons-Hollyday & Ives, Inc.

LASKER, District Judge.

Joseph Ashton sues for damages and injunctive relief against various alleged fraudulent activities in connection with the offering of shares in a cooperative apartment. Jurisdiction is predicated on various sections of the Securities Act of 1933 and the Securities Exchange Act of 1934. Since any recovery by plaintiff rests upon the validity of his claims under Section 10(b) of the Securities Exchange Act and Rule 10b-5,1<...

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