Order modified by reducing the amount of the Swachey claim from $1,875 to $45 (Personal Property Law, § 31, subd. 7) and, as so modified, affirmed, without costs to any party. No opinion.
Concur: Judges Desmond, Dye, Fuld, Van Voorhis and Burke. Chief Judge Conway and Judge Froessel dissent and vote to affirm upon the ground that the Statute of Frauds was not pleaded (see Civ. Prac. Act, § 242).