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  5. 16 A.D.2d 689 (1962)
 

NEW YORK CITY TRANSIT AUTH. v. V. VACCARO & SONS, INC.

16 A.D.2d 689 (1962)

New York City Transit Authority, Appellant, v. V. Vaccaro & Sons, Inc., et al., Respondents

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

April 23, 1962

Order reversed, with $10 costs and disbursements, and defendants' motion denied.

The first cause of action, which was not questioned, is pleaded against the corporate defendant and its president, defendant Anthony Vaccaro. In this cause of action plaintiff seeks damages for fraud, alleging that it sold certain quantities of scrap metals by net weight to the corporate defendant pursuant to contracts awarded to it after public bidding; that the corporate defendant and...

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