D'Agostino v. Woodbine Holding Corp.

Judgment unanimously affirmed, with costs. The findings of fact, particularly the 8th finding, proceed upon the theory of an affirmative false representation with respect to the rents. These findings have support in the evidence and take precedence over anything stated in the oral opinion of the court in so far as there be any conflict. Present — Lazansky, P. J., Kapper, Hagarty, Seeger and Carswell, JJ.