Flesher v. Goldberg

Order entered September 13, 1965, unanimously modified on the law to dismiss the first and fourth causes of action of the complaint and, as so modified, affirmed, without costs or disbursements and with leave, however, to plaintiffs to apply to Special Term to serve an amended eomplaint on proper papers. (Andlou Props. v. Grayck, 24 A D 2d 716; Cushman & Wakefield v. John David, Inc., 23 A D 2d 827; CPLR 3211, subd. [e].) In the first cause of action plaintiffs seek to rescind the purchase by them from one of the defendants of a second mortgage dated September 2, 1964. The amount due on the…