Order appealed from denying defendant's motion to dismiss the second amended complaint unanimously affirmed, with $20 costs and disbursements to plaintiff-respondent. (Blanco v. Velez, 295 N.Y. 224, 226.) In Bayreuther v. Reinisch (264 App. Div. 138, 141), this court said "except where constrained by prior controlling decisions" we should not construe the statute to validate purely oral agreements. We consider the decision in Blanco v. Velez (supra...
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