
    Margery M. de Leon, Appellant, v. Amiel Caplan, Respondent.
    Supreme Court, Appellate Term, Second Department,
    May 14, 1953.
    
      Lyman Stansky for appellant.
    
      Sidney Advocate and E. Edan Spencer for respondent.
   Per Curiam.

The court was in error in holding that tender was a condition precedent to the beginning of the cause of action for fraud. The provisions of section 112-g of the Civil Practice Act dispense with this requirement.

The judgment and order should be unanimously reversed upon the law and motion for a new trial granted, with $20 costs to plaintiff to abide the event.

Walsh, Mubphy and Ughetta, JJ., concur.

Judgment and order reversed, etc.  