Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts on the ground that the instrument of December 9, 1919, known as plaintiff’s Exhibit 7, was an agreement to give a lease of the premises 926 Prospect avenue and was not a lease; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.