Majority
p. 717Valley Rolling Mills, Inc., Plaintiff, v. Irving J. Feldman, Trading under the Firm Name and Style of Columbia Tool & Supply Co., Defendant, Appellant, Charles T. Baird, Defendant, Respondent, Murray B. Baker, Defendant.
Section 211-a of the Civil Practice Act does not apply to a judgment for damages for fraud and deceit. (Gen. Constr. Law, § 37-a.) For this reason, in addition to that assigned by Special Term, to wit, that the judgment herein was obtained before the adoption of section 211-a, we are of opinion that the order appealed from was proper and should be affirmed, with twenty dollars costs and disbursements. Present — Martin, P. J., Townley, Glennon, Cohen and Callahan, JJ.