Ordered that the judgment is affirmed insofar as appealed from, with costs.
The plaintiff argues that questions of fact exist which warrant jury consideration. We disagree. In order to recover damages for fraud, "the plaintiff must prove: (1) a misrepresentation of fact, (2) which was false and known to be false by the defendant, (3) that the representation was made for the purpose of inducing the other party to rely upon it, (4) the other party justifiably did so...
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