Opinion
May 17, 1943.
Action in which the plaintiff, affirming a contract entered into by him with the appellant and defendant Fluegelman, seeks to recover damages allegedly sustained by him because of the fraud of said defendants, inducing him to enter into the contract. Order denying a motion of the appellant, pursuant to subdivisions 5 and 7 of rule 107 of the Rules of Civil Practice, to dismiss the fourth cause of action, insofar as appealed from, affirmed, with ten dollars costs and disbursements. No opinion. Close, P.J., Carswell, Johnston, Adel and Taylor, JJ., concur.