Atkin v. Hill, Darlington & Grimm

18 N.Y.2d 980 Court N.Y. Decision date 1966-12-30 English

Judges 'Concur: Chief Judge Desmond and Judges Fuld, Van Voolhis, Burke, Scileppi and Bergan. Judge Keating concurs in the result upon the ground that the stock had been ‘ ‘ offered to the public in this state ” more than one year before the first sale to plaintiffs. This is evidenced by three actual sales in 1957 and, even more clearly, by quotations of the stock in the ‘ ‘ pink sheets ’ ’ of over-the-counter quotations available to broker-dealers.

Majority

p. 980

Samuel Atkin et al., Appellants, v. Hill, Darlington & Grimm et al., Respondents.

Argued November 22, 1966;

decided December 30, 1966.

p. 982

Arnold I. Burns, Milton E. Mermelstein, Stanley T. Lesser, Jay D. Fischer and Erwin Cherovshy for appellants.

Thomas W. Hill, Jr., and Alfred Lawrence Toombs for respondents.

Order affirmed, with costs, upon the majority opinion at the Appellate Division; no opinion.

'Concur: Chief Judge Desmond and Judges Fuld, Van Voolhis, Burke, Scileppi and Bergan. Judge Keating concurs in the result upon the ground that the stock had been ‘ ‘ offered to the public in this state ” more than one year before the first sale to plaintiffs. This is evidenced by three actual sales in 1957 and, even more clearly, by quotations of the stock in the ‘ ‘ pink sheets ’ ’ of over-the-counter quotations available to broker-dealers.