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CARTER FINANCIAL CORPORATION v. ATLANTIC MEDICAL MANAGEMENT, L.L.C.

262 A.D.2d 178 (1999)

691 N.Y.S.2d 529

CARTER FINANCIAL CORPORATION, Respondent, v. ATLANTIC MEDICAL MANAGEMENT, L. L. C., et al., Appellants. (And Another Action.)

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

Decided June 17, 1999.

The defense of illegality, based on plaintiff's failure to register as a broker-dealer in violation of Securities Exchange Act of 1934 § 15 (a) (1) (15 USC § 78o [a] [1]), was properly rejected on the ground that it was not raised within three years after the violation or one year after its discovery (Securities Exchange Act of 1934 § 29 [b] [15 USC § 78cc (b)]). There is no merit to defendants' argument that the defense is saved by CPLR 203 (d). Since...

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