The complaint as to defendant Sutro Bros. & Co., was dismissed pursuant to rule 107 of the Rules of Civil Practice on the ground that the Statute of Frauds barred the causes of action alleged therein. While on the record before Special Term that disposition was warranted, leave should nevertheless be granted to plaintiff to serve an amended complaint — if plaintiff is so advised and if the facts support it — to allege causes of action which may withstand...
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