O'Connell v. Moniz 230 A.D. 862

Order and judgment reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. In our opinion, the counterclaim in the defendants’ answer sets up a good cause of action for fraud and deceit which is supported by the opposing affidavits, and issues of fact are presented which entitle defendants to a trial. Young, Kapper, Carswell, Scudder and Tompkins, JJ., concur.