Action for rescission of a written contract for the sale of real property and for the return of the down payment and expenses, on the ground that the seller falsely represented in the contract that “ there are no proceedings now pending ” relative to violations affecting the premises. The appeal is from a judgment, entered after trial, in favor of respondent. Judgment unanimously affirmed, with costs. No opinion. Present — Nolan, P. J., Wenzel, Beldoek, Murphy and Kleinfeld, JJ.