John Weil Plumbing Corp. v. Cross Properties, Inc. , 171 N.Y.S.2d 799 ( 1958 )

In an action to recover a balance due under a construction contract, the appeal is from an order directing appellant to consummate a settlement agreement. Order affirmed, with $10 costs and disbursements. No opinion. Wenzel, Murphy, Hallinan and Kleinfeld, JJ., concur; Nolan, P. J., dissents and votes to reverse the order and to deny the motion for the same reasons as stated in the dissenting memorandum in Weil Plumbing Corp. v. Cross Properties (5 A D 2d 843).