Per Curiam.
In this action plaintiff failed to establish the element of deception which is prerequisite in an action for damages for fraud. (Ochs v. Woods, 221 N.Y. 335; Schumaker v. Mather, 133 N.Y. 590, 596; Sylvester v. Bernstein, 283 App. Div. 333, affd.
Moreover, the misrepresentation was not actionable inasmuch as it was in essence a misrepresentation of law or a mere expression...
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