Opinion
April 6, 1959
In an action to recover for goods sold and delivered, the appeal is from an order denying a motion to dismiss the complaint on the grounds (1) that it does not state facts sufficient to constitute a cause of action (Rules Civ. Prac., rule 106, subd. 4), and (2) that the contract on which the cause of action is founded is unenforcible under the provisions of subdivision 1 of section 31 Pers. Prop. of the Personal Property Law (Rules Civ. Prac., rule 107, subd. 7). Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P.J., Wenzel, Murphy, Hallinan and Kleinfeld, JJ., concur.