Opinion
October, 1929.
Present — Dowling, P.J., Merrell, Finch, McAvoy and Proskauer, JJ.
Order affirmed, with ten dollars costs and disbursements, solely on the ground that the motion was not made within the time required by the rules, and without holding that the Statute of Frauds is a defense.
See Rules Civ. Prac. rules 103-105, 109. — [REP.