Per Curiam.
The learned Special Term erred in striking the first defense based on the Statute of Frauds (Cohen v. Bartgis Bros. Co., 264 App. Div. 260, affd. 289 N.Y. 846).
As the alleged agreement of April 28, 1947, is by its terms an agreement to agree, the third and fourth defenses setting that document up as a contract merging and superseding any other alleged contract were properly stricken as complete defenses. However, the paper writing...
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