Order of the Appellate Term reversed on the law, judgment of the City Court vacated, and a new trial ordered, costs in all courts to abide the event. The findings of fact implicit in the verdict of the jury are affirmed.
The cause of action which plaintiff alleged in his complaint and attempted to establish on trial was the customary common-law action for fraud and deceit. (Goldsmith v. National Container Corp., 287 N.Y. 438.) The complaint did not plead a...
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