Majority
p. 1033Herman Kahn, Respondent, v. Albert Flegenheimer, Appellant.
In an action to recover damages for breach of contract and on an account stated, the appeal is from an order denying a motion pursuant to subdivision 7 of rule 107 of the Rules of Civil Practice to dismiss the complaint upon the ground that the contracts therein alleged are unenforcible under the Statute of Frauds (Personal Property Law, § 31, subd. 10). Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Wenzel, Beldock, Murphy and Kleinfeld, JJ., concur.