SCHOOLSKY v. DALVIN


51 A.D.2d 1026 (1976)

Max Schoolsky, Appellant, v. Irving Dalvin et al., Respondents

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

March 15, 1976


Order affirmed insofar as appealed from, with $50 costs and disbursements.

Plaintiff's time to serve his complaint is extended until 20 days after entry of the order to be made hereon. In our opinion the answering papers raised sufficient questions of fact as to whether plaintiff had induced consummation of the sale through misrepresentations concerning certain inventory and an outstanding claim, to warrant a trial of the action (cf. Millerton Agway Coop. v Briarcliff...

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