Mayer v. Erico Corp. ( 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.