Owen A. Mandeville, Inc. v. Ryan

Christ, P. J., Munder, Martuscello and Latham, JJ., concur; Benjamin, J., dissents and votes to reverse the order and deny the application on the ground that implicit in the agreement between appellant and Zah was the intention that a final determination was to be had in the County Court action, which in this case means that determination of the appeal pending in the Appellate Term must be awaited.