Appellants shall recover of respondent $60 costs and disbursements of this appeal. The complaint, said to be based on fraud, when put to the test of summary judgment, is not supported by the requisite proofs. This would be so even if the complaint were to be regarded as one for breach of contract. It may be that plaintiff is in a position to supply the deficiencies in proof and, accordingly, this disposition is without prejudice to application at Special Term for leave to...
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