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UNGEWITTER v. TOCH

31 A.D.2d 583 (1968)

Giselher Ungewitter, Appellant, v. Bruce F. Toch et al., Respondents

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

November 21, 1968

Per Curiam.

It is not here disputed that the respondents fraudulently misrepresented the condition of the farm and related property they sold to appellant for $90,000. Appellant initially asserts that since he requested rescission as his relief, the trial court erred in refusing to grant him the same and instead awarded him damages. The trial court in refusing to grant rescission stated: "It would require further...

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