Per Curiam.
There is here a controversy as to the existence, the content and effect of the oral agreement. Whether the contract, if made, is void and unenforcible under the Statute of Frauds (Personal Property Law, § 31, subd. 1), can be best determined upon a trial of the issues.
The order and the judgment should be reversed, with costs, and the motion for summary judgment denied.
Per Curiam.
Judgment and order unanimously reversed, with costs, and the motion denied. [See post, p. 848.]