Ordered that the judgment is affirmed insofar as appealed from, with costs.
Assuming, arguendo, that it was improper for the trial court to deny the plaintiff's motion to conform the pleadings to the proof which tended to show that a previously rescinded written contract between the parties had been orally renewed, the defendants raised the affirmative defense of the Statute of Frauds with respect to the alleged oral contract. The bar of the Statute of Frauds having...
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