Opinion
July 12, 1991
Appeal from the Supreme Court, Suffolk County, Balbach, J.H.O.
Present — Dillon, P.J., Doerr, Boomer, Pine and Lawton, JJ.
Judgment unanimously affirmed without costs. Memorandum: We affirm the judgment for reasons stated in the decision of Supreme Court (Balbach, J.H.O.). We add only that defendants stipulated to plaintiff's theory of damages (entitlement to the return of the purchase price) and, therefore, defendants are precluded from arguing on appeal that such theory is not cognizable under law (see, Freidus v Eisenberg, 71 N.Y.2d 981, 982).