Opinion
December, 1935.
Action to recover the purchase price of two participating mortgage certificates in a mortgage covering vacant land in Queens county. The action is based on a rescission of the purchase on the ground of fraud and misrepresentation on the part of defendant. Amended judgment affirmed, with costs. No opinion. Lazansky, P.J., Young and Tompkins, JJ., concur; Hagarty and Carswell, JJ., dissent and vote for reversal and a new trial upon the ground that the determination of the jury is against the weight of the evidence.