Zabriskie v. Zoloto — 12 A.D.2d 752

Majority

p. 752

Fred I. Zabriskie, Respondent, v. Hyman L. Zoloto, Appellant.

Order entered on March 23, 1960, denying defendant’s motion, pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice, to dismiss the amended complaint, as amended by the decision of the court, entered on April 5, 1960, granting defendant leave to set up the defense of the Statute of Frauds in his answer, unanimously affirmed, with $20 costs and disbursements to the respondent. No opinion. Concur — Botein, P. J., Rabin, McNally, Stevens and Eager, JJ.