Abdella v. Foley

Order and judgment unanimously reversed, on the law and facts, with costs, and a new trial granted. Memorandum: Plaintiff brought this action to recover damages occasioned him in the purchase of defendants’ residence, alleging that defendants falsely and knowingly represented to him that the property had an abundant supply of well water and that its furnace and electrical wiring were in "tip top” condition. The trial court dismissed the complaint at the close of the evidence for failure to establish a prima facie case. As to the water supply only, that ruling was error. Plaintiff offered…