John v. Dinan Co.

There being neither pleading nor proof of compliance by plaintiff with the provisions of the General Business Law (§§ 37-39-o; superseded by Education Law, §§ 1450, 1467, *455added by Laws of 1927, chap. 85), the recovery cannot be sustained. (Preiser v. Solomon, 170 N. Y. Supp. 307.)

Judgment and order reversed, with costs, and complaint dismissed, with costs.

Bijur and Lydon, JJ., concur.