Horvath v. Weissman — 271 A.D.2d 776

Majority

p. 776

Akos Horvath et al., Individually and as Copartners Doing Business under the Names of Phillipsburg Textile Print Works and Clark Mills Company, Respondents, v. Jacob E. Weissman, Appellant.

Order affirmed, with $20 costs and disbursements. No opinion. Present — Martin, P. J., Townley, Dore, Cohn and Callahan, JJ.; Cohn, J., dissents and votes to reverse and deny the motion upon the ground that the third separate defense and counterclaim sufficiently sets forth a common-law action for fraud and deceit. [See post, p. 864.]