Halloran v. N. & C. Contracting Co.

The decision of this court, handed down on February 1, 1928,^[1] is hereby amended so as to read as follows: 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,^[2] the oral contract set forth in the complaint is void. Rich, Young and Kapper, JJ., concur; Hagarty, J., not voting; Lazansky, P. J., concurs in result, holding to his views expressed in the former decision, although of opinion that the section of the Penal Law in question is unconstitutional.