Opinion
Argued November 22, 1966
Decided December 30, 1966
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SAMUEL C. COLEMAN, J.
Arnold I. Burns, Milton E. Mermelstein, Stanley T. Lesser, Jay D. Fischer and Erwin Cherovsky 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 VOORHIS, 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.