Opinion
February 26, 1952.
Present — Peck, P.J., Dore, Cohn, Shientag and Bergan, JJ.
The second cause pleaded in the complaint fails to state facts showing actionable fraud. No misrepresentation of any existing fact upon which plaintiff placed any reliance to its disadvantage is attributed in this part of the complaint to appellant Irevani, and the acts of his agent are stated in equivocal form. Order unanimously modified by granting that part of the motion addressed to the second cause of action, and by dismissing the second cause of action and, as so modified, affirmed, with $10 costs and disbursements to the appellant. Settle order on notice.