Halloran v. N. & C. Contracting Co.

Upon reargument, order granting defendant’s motion to set aside the verdict and grant a new trial affirmed, with costs. We are of opinion that under section 861 of the Penal Law,^[1] the oral contract set forth in the complaint is void. Rich, Young and Kapper, JJ., concur; Hagarty, J., not voting; Lazansky, P. J., dissents, being of opinion that the section of the Penal Law in question is unconstitutional, and still holding to his views expressed in the former decision of this court,^[2]