Majority
p. 781Isaac Levy, Appellant, v. Charles Goldman, Joseph Eisner and Joseph I. Lubin, Respondents.
Action for damages on alleged fraud in relation to stock ownership of a business. Judgment reversed on the law and a new trial granted, with costs to abide the event. The complaint was dismissed before the plaintiff rested. The court’s action was premature, and may not be upheld. (Shapiro v. Frankel [Appeal No. 1], 243 App. Div. 618 .) Hagarty, Carswell, Johnston, Adel and Close, JJ., concur.