Majority
p. 909William N. Emery, Appellant, v. William P. Langevin and Hugh J. McGinley, Respondents.
Judgment and order affirmed as to defendant Langevin, with costs, but as to defendant McGinley reversed and a new trial granted, costs to abide the event, upon the ground that plaintiff’s testimony, viewed most favorably to him, tended to establish all the necessary elements of an action for fraud against the defendant McGinley, and, therefore, that the complaint as to said defendant was improperly dismissed. Jenks, P. J., Carr, Stapleton, Mills and Rich, JJ., concurred.