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204 Misc. 535

de Leon v. Caplan

Appellate Terms of the Supreme Court of New York · decided 1953-05-14

Decided 1953-05-14

Per Curiam.

¶1The court was in error in holding that tender was a condition precedent to the beginning of the cause of action for fraud. The provisions of section 112-g of the Civil Practice Act dispense with this requirement.

¶2The judgment and order should be unanimously reversed upon the law and motion for a new trial granted, with $20 costs to plaintiff to abide the event.

¶3Walsh, Mubphy and Ughetta, JJ., concur.

¶4Judgment and order reversed, etc.

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