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KRATTER CORP. v. GRAD

14 A.D.2d 768 (1961)

Kratter Corporation, Respondent, v. Samuel Grad, Appellant

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

October 26, 1961

Order entered on June 27, 1961 affirmed, with $20 costs and disbursements to the respondent.

McNally, J.:

I dissent. The order, entered on June 27, 1961, denying defendant's motion to dismiss the third cause of action of the amended complaint, should be reversed and the motion granted with leave to serve a second amended complaint. The third cause of action affirms the contract and is grounded in fraud inducing the contract. It supports a claim...

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