Opinion
December 21, 1945.
Appeal from the City Court of the City of New York, New York County, BYRNES, Ch. J.
Lawrence I. Gerber for appellants.
Bennett I. Schlessel for respondent.
MEMORANDUM
The complaint should have been dismissed at the end of plaintiff's case. Under section 33-c Pers. Prop. of the Personal Property Law, there could be no modification of the written agreement unless in writing.
The judgment should be reversed, with costs, and complaint dismissed on the merits, with costs.
HAMMER, McLAUGHLIN and EDER, JJ., concur.
Judgment reversed, etc.