GARDNER v. GERSTEIN


7 A.D.2d 631 (1958)

Anna M. Gardner, as Executrix of Percy Gardner, Deceased, Respondent, v. Frank Gerstein et al., Appellants

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

November 25, 1958


Orders so far as appealed from affirmed, with $20 costs and disbursements to the respondent.

The complaint, while very inartistically drawn, contains allegations which sustain a cause of action for fraud in the inducement of the contract of sale dated April 27, 1944.

M. M. FRANK, J. (dissenting).

We are in agreement that if this action is one for breach of contract, the Statute of Limitations is a bar. The majority, however, holds that...

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