Order reversed, without costs, and motion denied, without costs.
Defendant's contention is that the agreement to sell should not be binding unless and until a formal contract should be entered into between plaintiff, defendant, and said Florence Gold. Such contention raises a triable issue of fact. (N. E. D. Holding Co. v. McKinley, 246 N.Y. 40; Polucek v. Jahoda, 203...
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