de Leon v. Caplan ( 1953 )

Per Curiam.

The court was in error in holding that tender was a condition precedent to the beginning of the cause of action for fraud. The provisions of section 112-g of the Civil Practice Act dispense with this requirement.

The judgment and order should be unanimously reversed upon the law and motion for a new trial granted, with $20 costs to plaintiff to abide the event.

Walsh, Mubphy and Ughetta, JJ., concur.

Judgment and order reversed, etc.