The People of the State of New York, Respondent v. the Federated Radio Corporation, Defendants, and George…

Summary

The New York Court of Appeals affirmed the denial of the motion for judgment on the pleadings, holding that the Martin Act’s definition of fraudulent practice includes concealment or misrepresentation of material facts even when not intentional, that the Attorney‑General may seek injunctions on such implied fraud, and that the complaint sufficiently stated a cause of action. The court rejected due‑process challenges under both the State and U.S. Constitutions.