
    EMERY, Appellant, v. LANGEVIN et al., Respondents,
    (Supreme Court, Appellate Division, Second Department.
    July 30, 1915.)
    Action by William N. Emery against William B. Langevin and another.
   PER CURIAM.

Judgment and order affirmed as to defendant Langevin, with costs, but as to defendant McGinley, reversed, and a new trial granted, costs to abide the event, upon the ground that plaintiff’s testimony, viewed most favorably to him, tended to establish all the necessary elements of an action for fraud against the defendant McGinley, and therefore that the complaint.as to said defendant was improperly dismissed. See, also, 166 App. Div. 901, 151 N. Y. Supp. 1114.  