Young v. Karol

Memorandum. Judgment unanimously reversed, without costs, and complaint dismissed.

Plaintiffs, the purchasers of real property from defendants, have brought an action for damages for breach of contract and fraudulent misrepresentation in connection with the purchase. Judgment was awarded to plaintiffs after trial (Young v Karol, 80 Misc 2d 70) and the instant appeal has been taken by the defendants therefrom.

The burden of proof was upon the plaintiffs to establish their case by a fair preponderance of the evidence, and this burden was not adequately met by a showing that the defend*860ants were in…