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.