Opinion
September 20, 1960
Order, dated April 13, 1960, denying defendant's motion to dismiss the amended complaint, unanimously affirmed, with $20 costs and disbursements to the respondent. It cannot be said that the amended complaint does not allege a joint venture. In such event the Statute of Frauds would not be applicable.
Concur — Botein, P.J., Breitel, Rabin, McNally and Stevens, JJ.