As so modified, order affirmed, without costs.
The time within which plaintiff may serve such amended complaint is extended until 20 days after entry of the order hereon. In our opinion, the contingency, i.e., defendant Schmidt's discontinuance of its sales in the New York metropolitan area, was expressly stated to terminate the distributorship. It was within the control of and dependent upon the will of said defendant and performable within a year of its making....
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