The opinion of the court was delivered by FOLEY, J.A.D.
Defendant appeals from a judgment for plaintiffs entered in the County Court following a nonjury trial.
Plaintiffs' action to recover monies due them for the sale of ice cream products to Crest Enterprise, Inc., was based upon fraud and misrepresentation by defendant, as to the solvency of Crest.
Many of the facts proved at the trial were not seriously in dispute. Plaintiffs were in the business...
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