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Per Curiam. Plaintiff established and proved a prima facie case of fraud and deceit. It was therefore error to dismiss the complaint at the end of plaintiff’s case and to direct judgment for the defendant.
Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event. Appeal from order dismissed.
Shientag, Rosenman and McLaughlin, JJ., concur.
Document Info
Citation Numbers: 180 Misc. 379, 44 N.Y.S.2d 635
Filed Date: 5/25/1943
Precedential Status: Precedential
Modified Date: 11/10/2024