Opinion
December 11, 1956
Judgment vacated and the order appealed from unanimously modified so as to grant plaintiff leave to replead. The plaintiff has indicated a desire to replead. We think he should have that opportunity. In providing that opportunity, we do not pass upon whether the cause of action as it may be repleaded will be sufficient to satisfy the Statute of Frauds. Settle order on notice.
Concur — Peck, P.J., Breitel, Botein, Rabin and Cox, JJ.