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JOHN WEIL PLUMBING CORP. v. CROSS PROPS., INC.

5 A.D.2d 843 (1958)

John Weil Plumbing Corp., Respondent, v. Cross Properties, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 10, 1958

Order affirmed, with $10 costs and disbursements.

No opinion.

Nolan, P. J., dissents and votes to reverse the order and to deny the motion, with the following memorandum:

If it be assumed that a superseding agreement or an executory accord may be enforced by motion, the record presented does not establish any such agreement or accord which is enforcible against appellants. (Cf. Atterbury v. Walsh Paper Corp., 261 App. Div. 529,...

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