Opinion
October 30, 1961
In an action to recover an alleged balance due for the reasonable value of work, labor, services and materials, the plaintiffs appeal: (1) from an order of the Supreme Court, Kings County, dated September 6, 1960, which denied their cross motion to serve an amended complaint, and which granted defendants' motion for summary judgment dismissing the existing complaint, pursuant to rule 113 of the Rules of Civil Practice, based upon a previous order and judgment of said court confirming the award made by the arbitrators in an arbitration proceeding between plaintiffs and defendant Big-W Construction Corp. ( Matter of Big-W Constr. Corp. [ Horowitz], 14 A.D.2d 817); and (2) from a judgment of said court dated September 9, 1960, in favor of defendants, entered on said order of September 6, 1960. Order and judgment affirmed, with $10 costs and disbursements. No opinion. Nolan, P.J., Beldock, Kleinfeld, Christ and Pette, JJ., concur.