Order insofar as it grants plaintiff's motion affirmed and insofar as it denies defendant's motion reversed, with $10 costs and disbursements to the defendant-appellant, and motion granted, with $10 costs.
Memorandum:
The allegations of the complaint do not state a cause of action at law for the return of the purchase price based upon a prior rescission. There is no prior rescission alleged in the complaint. Moreover, the prayer for relief asks for a rescission...
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