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BELL AUDIPHONE CO. v. SCHER

279 A.D. 717 (1951)

Bell Audiphone Co., Appellant, v. Sidney M. Scher et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

December 4, 1951.

Order unanimously affirmed, with $20 costs and disbursements to respondents.

DORE, J. (concurring).

With the allegations of fraud stricken, paragraph 14 that remains is unintelligible. Plaintiff may plead a cause of action for fraud inducing the making of a contract by false representations with another cause of action on the same facts in the same complaint for the breach of the same contract (Civ. Prac. Act, § 258; France & Canada...

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