Order denying defendant's motion to dismiss complaint reversed, on the law and facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, on the ground that the alleged agreement is unenforcible because not in writing. (Real Property Law, § 259; Palmer v. Rotary Realty Co., 178 App. Div. 907; Riker v. Comfort, 140 id. 117.) All concur, except Rhodes and Crapser, JJ., who dissent and vote to affirm.