CPC International Inc. v. McKesson Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Ross, J.
In these two appeals and cross appeal, we are presented with an issue that apparently has not been decided by an appellate court in this State, to wit: is there a private right of action under Martin Act § 352-c (General Business Law art 23-AX The general objective of the Martin Act "is to prevent all kinds of fraud in connection with the sale of securities and commodities and to defeat all unsubstantial and visionary schemes in relation thereto whereby the public is fraudulently exploited” (People v Federated Radio Corp., 244 NY 33, 38 [1926]). The Martin Act was…
2Cases cited20 opinions
- Hanson v. DencklaSupreme Court of the United States · 1958
- Cort v. AshSupreme Court of the United States · 1975
- Herman & MacLean v. HuddlestonSupreme Court of the United States · 1983
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Longines-Wittnauer Watch Co. v. Barnes & Reinecke, Inc.New York Court of Appeals · 1965
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3Cited by20 opinions
- CPC International Inc. v. McKessonNew York Court of Appeals · 1987
- In Re Washington Public Power Supply System Securities Litigation. Henry Puchall v. Houghton, Cluck, Coughlin & RileyCourt of Appeals for the Ninth Circuit · 1987
- In Re Gas Reclamation, Inc. Securities LitigationDistrict Court, S.D. New York · 1987
- Haralson v. E.F. Hutton Group, Inc.Court of Appeals for the Fifth Circuit · 1990
- DH Cattle Holdings Co. v. SmithAppellate Division of the Supreme Court of the State of New York · 1994
15 more not listed; retrieve them via the Exa API.