McKenney v. Kapin

In an action inter alia to (1) recover damages for fraud and (2) cancel a certain deed, defendants Milton Berlin and Westnau Land Corp. appeal from a judgment of the Supreme Court, Suffolk County, entered February 3, 1976, which, after a nonjury trial, inter alia, directed defendant Westnau to reconvey certain premises to plaintiffs. Judgment affirmed, with costs. Appellants’ contentions, that respondents’ proof of fraud was insufficient as a matter of law or, alternatively, that respondents waived the fraud, are unsupported by the record. Respondents’ proof was that defendants Kapin and…