Appellate Division of the Supreme Court of New York, Second DepartmentOct 22, 1937
252 App. Div. 781 (N.Y. App. Div. 1937)

October 22, 1937.

Action for damages on alleged fraud in relation to stock ownership of a business. Judgment reversed on the law and a new trial granted, with costs to abide the event. The complaint was dismissed before the plaintiff rested. The court's action was premature, and may not be upheld. ( Shapiro v. Frankel [ Appeal No. 1], 243 App. Div. 618.) Hagarty, Carswell, Johnston, Adel and Close, JJ., concur.