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TOWERS REALTY CORP. v. FOX

278 A.D. 74 (1951)

Towers Realty Corp., Appellant-Respondent, v. Abraham Fox, Respondent-Appellant

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

March 27, 1951.

Attorney(s) appearing for the Case

Irving Moldauer of counsel (Eli Fishbein with him on the brief; Irving Moldauer, attorney), for appellant-respondent.

Sylvan D. Freeman of counsel (Max Hauser with him on the brief; Dreyer and Traub, attorneys), for respondent-appellant.

GLENNON, J. P., COHN, VAN VOORHIS, SHIENTAG and HEFFERNAN, JJ., concur.

Per Curiam.

The first cause of action contains all of the allegations essential to an action for misrepresentation and fraud in the inducement of the contract. While the measure of damages sought may have been improper, that does not invalidate the cause of action itself. (See Reno v. Bull, 226 N.Y. 546.)

It is urged, however, that the misrepresentation, if any...

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