Opinion
January, 1932.
Order, as resettled, denying defendant's motion for judgment on the pleadings affirmed, with ten dollars costs and disbursements, on authority of N.E.D. Holding Co. v. McKinley ( 246 N.Y. 40). Lazansky, P.J., Young and Carswell, JJ., concur; Kapper and Hagarty, JJ., dissent and vote to reverse the order on the ground that the contract is too indefinite and uncertain as a basis for an action for specific performance.