State v. Tiraco

New York Supreme Court

State v. Tiraco

92 Misc. 2d 715, 401 N.Y.S.2d 397, 1977 N.Y. Misc. LEXIS 2609

DecidedDecember 5, 1977

StatusPublished

This text of 92 Misc. 2d 715 (State v. Tiraco) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Tiraco, 92 Misc. 2d 715, 401 N.Y.S.2d 397, 1977 N.Y. Misc. LEXIS 2609 (N.Y. Super. Ct. 1977).

Pincite

Opinion

OPINION OF THE COURT

Nathaniel T. Helman, J.

Application by the State pursuant to article 26-A of the General Business Law for a preliminary injunction restraining defendants from engaging in the promotion and sale of interests in theatrical productions is granted. It is clearly shown that defendants have sold such interests without issuing certified statements in violation of subdivision 2 of section 399-c of the General Business Law; and have failed to use a prospectus or offering circular as required by subdivision (3) of section 399-c of the statute and therefore that the State by the Attorney-General is entitled to the injunction sought. (General Business Law, § 399-g.) Laches is not available as a defense as the prosecution is in the public interest. (Grossman v Commercial Capital Corp., 59 AD2d 850.)

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION OF THE COURT

Nathaniel T. Helman, J.

Application by the State pursuant to article 26-A of the General Business Law for a preliminary injunction restraining defendants from engaging in the promotion and sale of interests in theatrical productions is granted. It is clearly shown that defendants have sold such interests without issuing certified statements in violation of subdivision 2 of section 399-c of the General Business Law; and have failed to use a prospectus or offering circular as required by subdivision (3) of section 399-c of the statute and therefore that the State by the Attorney-General is entitled to the injunction sought. (General Business Law, § 399-g.) Laches is not available as a defense as the prosecution is in the public interest. (Grossman v Commercial Capital Corp., 59 AD2d 850.)

Cite This Page — Counsel Stack

Bluebook (online)

92 Misc. 2d 715, 401 N.Y.S.2d 397, 1977 N.Y. Misc. LEXIS 2609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-tiraco-nysupct-1977.

Opinion

Related

Cite This Page — Counsel Stack