Opinion
May 14, 1953.
Appeal from the Municipal Court of the City of New York, Borough of Brooklyn, SIMON, J.
Lyman Stansky for appellant.
Sidney Advocate and E. Edan Spencer for respondent.
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, MURPHY and UGHETTA, JJ., concur.
Judgment and order reversed, etc.