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PASSMAN v. JAS. H. OLIPHANT & CO.

46 A.D.2d 878 (1974)

Murray Passman, Respondent, v. Jas. H. Oliphant & Co., Appellant

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

December 23, 1974

The facts, recited in the dissent, are undisputed. The trial court properly concluded that the defendant was not guilty of any fraud or negligence proximately causing the loss which was due solely to Lincoln's wrongful refusal to accept the proper tender of the stock. We also agree with the trial court's finding that "Clearly, at the time the purchase was made and at the time the sale was executed, the broker was the agent and the...

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