Order of the County Court, Westchester County, reversed, final order of the City Court of New Rochelle vacated, and a new trial ordered, costs in all courts to abide the event.
The verdict was set aside on the ground that an alleged oral agreement for a three-year lease, relied upon by the appellants as a defense to the proceedings, was not taken out of the Statute of Frauds (Real Property Law, §§ 242, 259) by part performance on the part of appellants....
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