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PASS v. B.S.F. CO.

40 A.D.2d 813 (1972)

Margaret E. Pass, as Administratrix of The Estate of Sam W. Pass, Deceased, Respondent, v. B.S.F. Co. et al., Appellants

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

November 28, 1972

Whether the claim here comes within the bar of the Statute of Frauds is a question of fact. If the block of stock for which plaintiff was allegedly commissioned to find a purchaser represented actual control, though not a numerical majority of the outstanding shares, this would be a "business opportunity." Whether or not a block of stock less than 50% of the issued stock does in any particular instance represent actual control is...

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