Order reversed, insofar as appealed from, on the law, with $50 costs and disbursements, the afore-mentioned branch of plaintiff's motion is denied and the affirmative defense is reinstated.
The pleadings raise an issue of fact as to whether the alleged oral contract was, by its terms, not to be performed within one year from the making thereof, so as to be void pursuant to section 5-701 (subd a, par 1) of the General
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