Opinion
Argued January 5, 1949
Decided March 3, 1949
Appeal from the Supreme Court, Appellate Division, First Department, BENVENGA, J.
Murray A. Gordon and Herbert J. Fabricant for appellant.
Louis Susman and Harold A. Diamond for respondents.
Judgments reversed and a new trial granted, with costs to abide the event, upon the ground that the evidence presents an issue of fact as to whether the agreement, by which the plaintiff purchased the apartment building in suit, was induced by fraudulent representations of the defendant. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ.