42 A.D.2d 566 (1973)

Angelo Fareri, Respondent, v. McCormack Motor Sales, Inc., Appellant

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

June 4, 1973

Order reversed, without costs, and motion denied.

Plaintiff claims defendant refused to deliver the vehicles or refund the money paid for them and defendant claims it was the victim of a fraud perpetrated by one of its salesmen. In our opinion, a trial should be had on all the issues presented (Bernstein v. McCormack Motor Sales, 40 A.D.2d 692).


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