Nikolaus v. Gasiorowski

Mahoney, P. J., and Main, J., dissent and vote to reverse in the following memorandum by Mahoney, P. J. Mahoney, P. J. (dissenting).

We cannot

agree with the majority that the stenographically transcribed stipulation of discontinuance which concluded the action to foreclose a mechanic’s lien and obligated the defendant to pay plaintiff the sum of $2,760 upon the completion by defendant of foundation work at the construction site, somehow became a "mere arrangement requiring further performance by both parties, and their stipulation of settlement was not intended to conclude the action”. A…