Order unanimously modified on the law, and the motion is granted to the extent of directing partial summary judgment dismissing the first cause of action, and, as so modified, affirmed, without costs.
It appears that the first cause of action is based upon an agreement which comes within the Statute of Frauds and is unenforcible (Personal Property Law, § 31). The letter written by the defendant is insufficient to take the agreement out of the statute as it does...
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