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Full opinion text

Judgment and order affirmed, with ten dollars costs and disbursements. Van Kirk, P. J., Davis and Hill, JJ., concur; Whitmyer and Hasbrouck, JJ., dissent on the ground that the fact of fraud is pleaded, and there is evidence of fraud sufficient to make an arguable question on the facts. (Hanna v. Mitchell, 202 App. Div. 504, 517; affd., 235 N. Y. 534.)