WITTENBERG v. ROBINOV


9 A.D.2d 290 (1959)

S. Victor Wittenberg, Appellant, v. Anna G. Robinov et al., Respondents

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

December 8, 1959.


Attorney(s) appearing for the Case

Arthur S. Cowen for appellant.

Robert Konove of counsel (Gilbert K. Gottlieb with him on the brief; Gottlieb, Konove & Zeck, attorneys), for respondents.

BOTEIN, P. J., RABIN and McNALLY, JJ., concur in Per Curiam opinion; M. M. FRANK, J., dissents and votes to modify in opinion, in which STEVENS, J., concurs.


Per Curiam.

Plaintiff appeals from an order granting defendants' motion for judgment on the pleadings under rule 112 of the Rules of Civil Practice and from the judgment entered thereon.

Plaintiff, the purchaser of a building in Bronx County, brought this action to recover damages from the seller and the seller's broker and agent for fraudulent misrepresentations concerning specific, detailed operating expenses of the building. The contract of sale...

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