Majority
p. 881Chemical Corn Exchange Bank, Appellant, v. Louis Aarons, Individually and as One of the Copartners Doing Business under the Name of Peerless Construction Company, Respondent.
Order denying summary judgment unanimously affirmed, with $20 costs and disbursements to abide the event. The record before us is so inadequate that we cannot say as a matter of law that the oral agreement of forbearance is insufficient as a defense. Issues of fact are presented as to the nature of the alleged agreement, its performability within a year, the consideration for the alleged agreement to forbear, and the factors going to its validity as a matter of public policy. The resolution of those issues must await a trial. Concur — Botein, P. J., Breitel, Rabin, Stevens and Valente, JJ.