Judgment of the City Court of New RoeheEe reversed upon the law and the facts, and a new trial ordered, with costs to abide the event. We think that the letter of January 13, 1922, and the acceptance by plaintiff of the payments made by defendant thereunder, constitute a binding and enforcible agreement, and that the evidence did not show any modification thereof. KeEy, P. J., Young, Kapper, Lazansky and Hagarty, JJ., concur.