Subirana v. de L'Aigle Munds (257 A.D. 956, 1939)

Order entered March 14, 1939, so far as appealed from, modified by denying the motion to strike out the defense of the Statute of Frauds with respect to the second cause of action, and as so modified affirmed. (See Dung v. Parker, 52 N. Y. 494.) Settle order on notice. Present — Martin, P. J., O’Malley, Townley, Cohn and Callahan, JJ.; O’Malley, J., dissents.