Opinion
April 15, 1952.
Present — Dore, J.P., Cohn, Callahan, Van Voorhis and Shientag, JJ.
Order granting plaintiff's motion for an injunction unanimously modified so as to provide that the case be set down for an early trial upon joinder of issue, and the injunction continued on condition that the tenant pay all arrears of rent and pays current rent at the rate of $240 per month without prejudice and, as so modified, affirmed. While it may be questionable whether the alleged oral stipulation of settlement became an enforcible contract, there would at least appear to be an issue to be tried as to the delivery and acceptance of the written lease so as to constitute an enforcible contract. Settle order on notice.