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MANDRACCHIA v. McKEE

8 Misc.2d 965 (1957)

Phillip Mandracchia, Plaintiff, v. Frank McKee, Defendant.

Supreme Court, Special Term, Nassau County.

October 22, 1957.

Attorney(s) appearing for the Case

Julius L. Birgenthal for plaintiff.

Francis S. Furey for defendant.

MARCUS G. CHRIST, J.

Motion for a reargument of a motion for summary judgment.

The plaintiff now urges facts and a theory of action which varies from that contained in the complaint or averred in his original affidavit.

The theory of the complaint is that the plaintiff was damaged in the sum of $613.36 as the result of false statements by the defendant vendor that there were no liens or incumbrances...

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