MEMORANDUM BY THE COURT.
The County Court correctly dismissed the defense of bankruptcy as insufficient to bar plaintiff's cause of action in fraud. The additional allegations moved against are actually evidentiary, tending, if true, to disprove the elements of the fraud alleged; including that of plaintiff's reliance upon the supposed misrepresentations. All of these defensive allegations can be proven under the general denials in the answer; and while they are harmless...
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