Lifschutz v. Lehrman

Motion by defendant for an order dismissing the first cause of action of the complaint on the ground of legal insufficiency and on the further ground that the plaintiff has an adequate remedy at law.

The complaint sets forth two causes of action, the first of which is based on rescission of a contract for the sale of real property on the ground of fraud. It is therein alleged that at the time the contract was entered into defendant made certain representations regarding the ownership of the lawn, easements, nonencroachments and the marketability of title and that the aforesaid representations…