Appellate Division of the Supreme Court of the State of New York December 1, 1986 (Superb Health Foods Corp. v. Marino)

— In an action for rescission of a contract and to recover damages for fraudulent misrepresentation, the defendants appeal from an order of the Supreme Court, Kings County (Aronin, J.), dated May 8, 1985, which denied their motion for an order directing the plaintiffs to deposit with the court moneys due under a security agreement pending determination of the action.