Opinion
June 23, 1947.
Present — Hagarty, Acting P.J., Adel, Nolan and Sneed, JJ. [ 188 Misc. 79.]
Action by a tenant for specific performance of an oral agreement to make and execute a written lease of an apartment, in which it is claimed that the agreement, though void under section 259 Real Prop. of the Real Property Law, has been partly performed and may be enforced under section 270 Real Prop. of the Real Property Law. Order granting defendants' motion to dismiss the complaint, and the judgment entered thereon, unanimously affirmed, with $10 costs and disbursements. No opinion.