
    MOORE, Respondent, v. VOSBURGH, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    May 22, 1960.)
    Action by Lou P. Moore against John L. Vosburgh.
   PER CURIAM.

Judgment and order affirmed, with costs, unless within 20 days from the service of a copy of this order the defendant serves an amended answer setting up the statute of frauds, leave to serve which is hereby granted, and pays the costs of the action, including the costs of this appeal, in which case the judgment and order are reversed, and a new trial granted.  