The decision of this court handed down on June 8, 1934 (ante, p. 643), is hereby amended by eliminating the following: “ The Statute of Frauds may be invoked as a defense. (Standard Oil Co. v. Koch, 260 N. Y. 150.) ” Present — Lazansky, P. J., Kapper, Hagarty, Carswell and Davis, JJ.