The plaintiff’s.right of action resting wholly upon an illegal contract as we have decided in Clark v. Dodge, No. 1 (ante, p. 728), decided herewith, the order of December 1, 1933, in so far as it grants an injunction pendente lite, and the order of February 24, 1934, amending said order, are reversed on the law and the facts, with ten dollars costs and disbursements, and the motion denied. Lazansky, P. J., Kapper, Carswell and Davis, JJ., concur; Young, J., dissents.