Opinion
November 5, 1958
The order at Special Term is modified to strike item 2 entirely; to delete the word "exact" in item 1 (a); to delete the words following "conversations" and substitute in place thereof the phrase "that constituted the oral contract" in item 1 (b); to delete the words, "and made fraudulently by the plaintiff" in item 7. The order as so modified is otherwise affirmed, with costs to the appellant. Settle order.
Concur — Breitel, J.P., Rabin, M.M. Frank, Valente and Bastow, JJ.