Opinion
December 10, 1951.
In an action to compel specific performance of a contract for the sale of real property, with an abatement in the purchase price because of alleged fraudulent acts of defendants, plaintiff appeals from an order granting defendants' motion to dismiss the complaint for failure to state facts sufficient to constitute a cause of action, pursuant to subdivision 5 (now subd. 4) of rule 106 of the Rules of Civil Practice, with leave to serve an amended complaint. Order affirmed, with $10 costs and disbursements. ( Radel v. 134 West 25th St. Bldg. Corp., 222 App. Div. 617, appeal dismissed 249 N.Y. 615.) Nolan, P.J., Carswell, Johnston, Sneed and Wenzel, JJ., concur. [See post, p. 799.]