BRICKNER v. LINDEN CITY REALTY, INC.


23 A.D.2d 560 (1965)

Morris Brickner et al., Respondents, v. Linden City Realty, Inc., et al., Defendants, and Philip P. Agusta, Appellant

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

February 1, 1965


Order reversed on the law, with $10 costs and disbursements; defendant Agusta's motion to dismiss the complaint as to him granted; and complaint dismissed as to the defendant Agusta, with leave to plaintiffs, if so advised, to serve an amended complaint within 30 days after entry of the order hereon.

The present complaint is deficient in that it contains no allegation that any fraudulent misrepresentation by the defendant Agusta was relied upon by the...

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