Opinion
February 11, 1963
Order entered on February 28, 1962, dismissing, on the merits, the first cause of action in the amended complaint, and the judgment entered thereon, unanimously affirmed, with costs to respondent.
Concur — Breitel, J.P., Valente, McNally and Stevens, JJ.; Rabin, J., concurs for affirmance solely on the ground that the Statute of Frauds precludes recovery on the first cause of action. [ 34 Misc.2d 763.]