Gibson v. Street & Smith Publications, Inc. , 279 A.D. 1049 ( 1952 )

No opinion. Present — Peck, P. J., Callahan, Van Voorhis, Heffernan and Bergan, JJ.; Callahan and Heffernan, JJ., dissent as to the fourth and fifth causes of action and vote to deny the motions to dismiss them upon the ground that it may not be said that on the face of the pleadings that the contract sued on is incapable of performance within a year. [See 280 App. Div. 778.]