Ordered that the order is affirmed insofar as appealed from, with costs.
This appeal concerns the plaintiff's cause of action for the return of a $25,000 deposit the plaintiff paid to a salesman of the defendant for the purchase of an automobile. The salesman later was discovered to be involved in a "pyramid scheme" which resulted in the defrauding of several customers. The defendant, which admits to receiving and cashing the plaintiff's deposit check and not delivering...
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