Order denying motion to dismiss the complaint for insufficiency affirmed, with $10 costs and disbursements.
A determination as to whether the agreement falls within the general rule (Martin v. Camp, 219 N.Y. 170) or the exception thereto (Greenberg v. Remick & Co., 230 N.Y. 70) can be made only after the facts as to the nature and scope of the employment and the duties to be performed are adduced at the trial. As a matter of mere pleading the complaint...
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