Opinion
September 29, 1949.
Appeal from Supreme Court, Ulster County.
Present — Foster, P.J., Brewster, Deyo, Santry and Bergan, JJ. [See 276 App. Div. 798.]
The suit was for the specific performance of an alleged agreement for the sale of real estate. The Statute of Frauds was pleaded as a defense. In opposition to the motion plaintiff's proofs failed to raise any issue as to the existence of an enforcible agreement for the purchase and sale of real estate. Order and judgment unanimously affirmed, with costs.