Order unanimously modified in accordance with memorandum, with costs to defendant, and, as modified, affirmed. Motion to strike material from respondent's brief denied.
Memorandum:
The motion to add a new cause of action for fraud by service of a supplemental complaint should have been denied because that cause of action is palpably insufficient. The contract for the sale of gasoline by the defendant to the plaintiff expressly provides that "[q]uantities shall...
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