HOLLAND v. ATLANTIC STEVEDORING CO

Per Curiam.

Affirmed upon the authority of Brassel v. Electric Welding Company ( 239 N.Y. 78). The affidavit sets forth facts sufficient to show an accord and satisfaction or a release by a payment in full within the purport and meaning of subdivision 7 of rule 107 of the Rules of Civil Practice.

The judgment should be affirmed, with costs.

HISCOCK, Ch. J., CARDOZO, POUND, CRANE, ANDREWS and LEHMAN, JJ., concur; McLAUGHLIN, J., absent.

Judgment affirmed.