Opinion
June, 1926.
Present — Hubbs, P.J., Clark, Davis, Sears and Taylor, JJ.
Motion for reargument denied. Motion for leave to appeal to Court of Appeals denied. This court, in its discretion, amends the order of affirmance entered May 19, 1926, so as to permit the defendant to allege in the answer as a defense in the action the same facts as are set up in the motion papers in relation to the Statute of Frauds.
See Pers. Prop. Law, § 85, as added by Laws of 1911, chap. 571; ante, p. 721. — [REP.