284 A.D. 833 | N.Y. App. Div. | 1954
Judgment insofar as it dissolves the order of March 20,1951, affirmed, and insofar as it dismisses the complaint reversed on the law, without costs of this appeal to any party, and judgment entered in favor of the plaintiff in accordance with the memorandum. Memorandum: We feel that the allegations contained in the first and second causes of action find ample support in the evidence, and have been established. The learned Official Referee points out in his decision that “ The preparation and use of the pamphlets, exhibits 9 and 10, and the giving of the information to the newspapers and to the trade journal were practices which come under the condemnation of the statute.” (General Business Law, art. 23-A, § 352.) The fact, if it is a fact, that no sales of stock have resulted from such printed matter does not permit the escape from such condemnation, as the statute specifically provides in its declaration as to what constitutes a fraudulent practice or fraudulent practices. We, therefore, reach the conclusion that the complaint should not have been dismissed. The judgment insofar as it dismisses the complaint should be reversed, and judg