FELDMAN v. ESIKOFF


93 A.D.2d 807 (1983)

Harry Feldman, Respondent, v. Sidney Esikoff, Appellant

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

April 4, 1983


Order reversed, without costs or disbursements, and plaintiff's motion for summary judgment is denied.

In our opinion, defendant's first affirmative defense, alleging fraud in the inducement, is sufficiently supported by defendant's affidavit in opposition to plaintiff's motion, so as to raise an issue of fact as to whether he was induced to enter into the loan agreement by false representations made by plaintiff and his associates. While much of defendant's affidavit...

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