Appellate Division of the Supreme Court of New York, 1938

James A. Leiter Sons, Inc. v. Rose

James A. Leiter Sons, Inc. v. Rose
Appellate Division of the Supreme Court of New York · Decided March 9, 1938
254 A.D. 630; 3 N.Y.S.2d 224; 1938 N.Y. App. Div. LEXIS 6781
James A. Leiter Sons, Inc. v. Rose

Opinion of the Court

Judgment and order reversed on the law, with costs, and motion denied, with ten dollars costs. • Memorandum: We find *631that the pleadings in this action and the supporting affidavits present a fair issue at least as to fraud, upon which defendants are entitled to a trial. All concur. (The judgment is for plaintiff in an action for damages for breach of contract.) Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ,

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