Judgment affirmed, without costs or disbursements.
We affirm on the opinion of Mr. Justice Murov at Special Term. We add, however, that we find no merit to defendant's contention that the agreement lacked mutuality and therefore was void and unenforceable. Defendant counterclaimed to enforce that very agreement, moved for and, on a prior appeal, obtained partial summary judgment and, pursuant to the order determining the appeal, received the sum of $40,667.50 —...
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