James A. Leiter Sons, Inc. v. Rose

Judgment and order reversed on the law, with costs, and motion denied, with ten dollars costs. • Memorandum: We find *631that the pleadings in this action and the supporting affidavits present a fair issue at least as to fraud, upon which defendants are entitled to a trial. All concur. (The judgment is for plaintiff in an action for damages for breach of contract.) Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ,