On the present state of the record, summary judgment dismissing the complaint should not have been granted. We do not determine the sufficiency of the writings now in the record to satisfy the requirements of section 259 of the Real Property Law. Judgment and order unanimously reversed, with costs to the appellant, and the motion denied. Present — Peck, P. J., Cohn, Callahan, Van Voorhis and Shientag, JJ. [See post, p. 958.]