Ostrander v. Coppins

Order reversed, with $10 costs and disbursements and motion denied, with $10 costs. Memorandum: The order appealed from dismissed the complaint on a motion by the defendants pursuant to rule 112 of the Rules of Civil Practice. In reversing the order and denying the motion, we do not pass upon the question of whether the agreement would be enforcible if it were oral and fell within the provisions of the Statute of Frauds. On this motion, we are simply concerned with the sufficiency of the complaint to state a cause of action. The decision of the Special Term was based on the assumption as…