Order reversed, with $10 costs and disbursements, and motion denied.
In our opinion, the affidavit of appellant in opposition to the motion indicates the existence of a triable issue of fact as to whether he was induced to enter into the contract by a false representation that the condition of the premises in question was "excellent in every respect". Fraud, if found to exist, will vitiate the contract, despite the provisions in the contract that all understandings...
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