Kahn v. Flegenheimer

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.