Opinion
December, 1928.
Order reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The appeal from the order denying plaintiff's motion for a resettlement is dismissed, without costs. The complaint states a good cause of action. It does not appear upon the face of the complaint whether or not the agreement alleged was in writing, but, even if oral, it is enforcible. ( Gallagher v. Gallagher, 135 App. Div. 457; affd., 202 N.Y. 572; Tiedemann v. Tiedemann, 115 Misc. 462; affd., 201 App. Div. 614; affd., 236 N.Y. 534; Goldsmith v. Goldsmith, 145 id. 313.) Lazansky, P.J., Rich, Young, Kapper and Hagarty, JJ., concur.