Opinion
October 13, 1942.
Present — Lazansky, P.J., Carswell, Johnston, Adel and Close, JJ. Motion granted to the extent of granting reargument. On reargument the decision of this court dated June 8, 1942 [ 264 App. Div. 866], is amended to read as follows: Action to recover damages on the ground that defendant's testator, in leasing a gasoline service station to plaintiff, fraudulently represented that the premises were not restricted to the sale of any particular brand of gasoline and petroleum products. Judgment in favor of defendant dismissing the complaint, and order denying motion to set aside the verdict and for a new trial, unanimously affirmed, with costs. No opinion.
Present — Lazansky, P.J., Hagarty, Adel, Taylor and Close, JJ.
Motion referred to the court that rendered the decision.