Brown, Wheelock, Harris, Vought & Co. v. One Park Avenue Corp.

Plaintiff moves to strike out for insufficiency the defense contained in the answer setting forth that “ the alleged agreement between the plaintiff and defendant as set forth in paragraph ' fourth ’ of the plaintiff’s complaint ” is within the Statute of Frauds.

That paragraph of the complaint alleges that the defendant agreed to pay to the plaintiff, a real estate broker, a certain commission for procuring a tenant, part of which was to be paid at the time of the execution of the lease and the balance when and in event the option or options contained in the lease was exercised as set forth…