Appellate Terms of the Supreme Court of New York, 1953

de Leon v. Caplan

Appellate Terms of the Supreme Court of New York · Decided May 14, 1953

204 Misc. 535; 126 N.Y.S.2d 482; 1953 N.Y. Misc. LEXIS 2452

Counsel

Lyman Stansky for appellant., Sidney Advocate and E. Edan Spencer for respondent.

Opinion of the Court

Per Curiam.

The court was in error in holding that tender was a condition precedent to the beginning of the cause of action for fraud. The provisions of section 112-g of the Civil Practice Act dispense with this requirement.

The judgment and order should be unanimously reversed upon the law and motion for a new trial granted, with $20 costs to plaintiff to abide the event.

Walsh, Mubphy and Ughetta, JJ., concur.

Judgment and order reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.