BIANCHI v. MARKESE


276 A.D. 1048 (1950)

Anthony F. Bianchi, Appellant, v. Nicholas A. Markese, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 8, 1950.


Judgment and orders reversed on the law and as a matter of discretion and a new trial granted, with costs to the appellant to abide the event.

Memorandum:

In this action for damages for fraudulent representations to a purchaser regarding the condition of a house by the owner and seller, plaintiff proceeded upon an erroneous measure of damages. At the close of the evidence defendant's counsel moved for a nonsuit basing his motion principally upon plaintiff...

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