Appellate Division of the Supreme Court of New York, 1937

Scharding v. Sherman & Sheppard, Inc.

Scharding v. Sherman & Sheppard, Inc.
Appellate Division of the Supreme Court of New York · Decided April 9, 1937
250 A.D. 860; 296 N.Y.S. 827; 1937 N.Y. App. Div. LEXIS 9436
Scharding v. Sherman & Sheppard, Inc.

Opinion of the Court

The complaint states a cause of action for the rescission of a sale of stock. Order denying defendants’ motions to dismiss the complaint pursuant to rule 106 of the Rules of Civil Practice, or, in the alternative, to strike out certain allegations therein pursuant to rule 103, affirmed, with ten dollars costs and disbursements, with leave to defendants to answer within ten days from the entry of the order hereon. Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ., concur.

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