Getz v. Harry Silverstein, Inc.

Max J. Wolff, Referee.

The case was tried before me by consent without a jury. Findings of fact and conclusions of law were waived.

*432The plaintiff testified to an oral agreement of employment which by its terms was not capable of being performed within one year from the time when it was made. After the plaintiff rested, counsel for the defendant moved to dismiss the complaint for failure of the plaintiff to make a prima facie case. During the argument of this motion, and when it became apparent that the Referee would be obliged to grant it, the plaintiff moved for leave to discontinue the action.