Judgment and order unanimously reversed on the law and facts, without costs of this appeal to either party, and a new trial granted.
Memorandum:
In this action for rescission of a contract of purchase of a motel, the trial court granted defendants' motion for a nonsuit at the close of plaintiffs' case and dismissed the complaint on the ground that "the allegations of fraud as alleged in the complaint are not made out by the proof". The court was quite correct...
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