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WEINSTEIN v. ARLINGTON OAKS, INC.

286 A.D. 1102 (1955)

Herman A. Weinstein et al., Respondents, v. Arlington Oaks, Inc., Defendant, and Stanley W. Kahn, Appellant

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

November 14, 1955.

Order reversed, with $10 costs and disbursements, and motion granted, with leave to plaintiffs, if they be so advised, to serve an amended complaint within ten days after entry of the order hereon.

The allegation in the second cause of action that plaintiffs relied upon the representation is refuted by the allegation therein which states that the contract was conditioned upon plaintiffs' obtaining the described mortgage loan...

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