Appellate Division of the Supreme Court of the State of New York January 15, 1945 (Weiss v. Weiss)

Order denying motion to dismiss the complaint for insufficiency and pursuant to rule 107 of the Rules of Civil Practice, reversed on the law, with ten dollars costs and disbursements, and the motion granted, without costs; The Statute of Frauds is a bar to the maintenance of the action. (See Weiss v. Weiss, ante, p. 1058, decided herewith.) Close, P. J., Hagarty, Johnston, Lewis and Aid-rich, JJ.