McDavid v. Sargent — 11 A.D.2d 1008

Majority

p. 1008

Ned R. McDavid et al., Appellants, v. Murray Sargent, Jr., Respondent, et al., Defendants.

Order, entered November 5, 1959', granting defendant-respondent’s motion for summary judgment dismissing the third cause of action, unanimously reversed, on the law, with $20 costs and disbursements to the appellants, and the motion for summary judgment denied, with $10 costs. On this record there is at least a triable issue as to whether or not defendant-respondent made the alleged representations as to the rent roll. Concur — Botein, P. J., McNally, Stevens, Eager and Bastow, JJ.