Upon an application of the defendant to dismiss the complaint (Rules Civ. Prac., rule 107, subd. 7), on the ground that the alleged contract on which the cause of action is founded is unenforcible under the provisions of the Statute of Frauds (Personal Property Law, § 31, subd. 10), the court made an order of reference to a Special Referee. The plaintiff moves for confirmation of the...
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