Opinion
February 10, 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).