SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
June 30, 1969
DIANA D. DU BROFF, ALSO KNOWN AS DIANA E. WIESNER, APPELLANT,
GUSTAVE A. GERBER, RESPONDENT, ET AL., DEFENDANT
In an action to recover damages for alleged fraud, plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County, entered May 2, 1967, as dismissed the first, third, fourth and fifth causes of action, upon the trial court's decision during a jury trial.
Christ, Acting P. J., Brennan, Hopkins, Munder and Kleinfeld, JJ., concur.
In our opinion, sufficient was proved by plaintiff to warrant the submission of the third cause of action to the jury.
Order modified, on the law, by striking therefrom the second decretal paragraph, which dismissed the third cause of action, and by substituting therefor a provision denying the motion to dismiss that cause of action. As so modified, order affirmed insofar as appealed from, with costs to appellant to abide the event of the new trial. No questions of fact were considered.
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