Judgment unanimously modified, on the law and facts, and, as modified, affirmed, with costs to plaintiff, in accordance with the following memorandum:
Plaintiff commenced this action for equitable rescission based on fraud after he discovered that the "new" truck which he purchased from defendant was a "demonstrator". In such an action, unlike a cause of action in damages on the same ground, proof of scienter and pecuniary loss is not needed (see Albany...
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