
    Arthur Falk, Appellant, v. Jacob L. Hoffman et al., Respondents.
    
      Rescission — action to rescind agreement to sell stock, to refrain from certain business and for accounting.
    
    
      Falk v. Hoffman, 213 App. Div. 864, affirmed.
    (Argued October 26, 1925;
    decided November 24, 1925.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 28, 1925, unanimously affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The action was to rescind an agreement whereby plaintiff gave to defendants an option to purchase certain shares of stock and agreed not to engage in the tobacco or cigarette business for a period of five years, to rescind the sale and transfer of such shares and for an accounting. (See Falk v. Hoffman, 233 N. Y. 199.)
    
      Louis Marshall for appellant.
    
      Gerald B. Rosenheim for Jacob L. Hoffman, respondent.
    
      I. M. Dittenhoefer for Mortimer Fishel, as executor of Albert Falk, deceased, respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  