Opinion
October 22, 1951.
In an action to enjoin the operation of a boys' camp on certain lakefront land, order denying motions to dismiss the complaint under rules 107 and 113 of the Rules of Civil Practice, modified on the law by striking from the first ordering paragraph the word "denied" and by substituting therefor the word "granted." As so modified the order is affirmed, with $10 costs and disbursements to appellants. The alleged oral agreement not to operate a camp on certain land is barred either by section 242 Real Prop. of the Real Property Law, or subdivision 1 of section 31, of the Personal Property Law. The authority of White v. La Due Fitch, Inc. ( 303 N.Y. 122) and kindred cases is inapplicable. They have to do with representations as to a uniform plan of development, an element which is not present in the case at bar. In the present case the alleged agreement is essentially one not to engage in a competing business and is clearly within the province of the Statute of Frauds. Appeal from order granting plaintiff's motion for an injunction pendente lite dismissed, without costs. Nolan, P.J., Carswell, Johnston, Sneed and Wenzel, JJ., concur.