Order, insofar as appealed from, reversed, with $10 costs and disbursements, and plaintiff's motion to strike out the second affirmative defense granted.
In our opinion the defense pleaded, to the effect that in making the misrepresentations upon which plaintiff's action is based, the individual defendants acted as agents of the corporate defendant, is insufficient in law (cf. Mack v. Latta, 178 N.Y. 525; Loud v. Clifford, 254 N.Y. 216; African Metals...
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