45 N.Y.S. 916 | N.Y. App. Div. | 1897
■ This is simply an application to the court to enforce, summarily, •compliance by the plaintiff with the unperformed part of a stipulation, entitled and made in this action between the parties thereto, and providing for a settlement and compromise of the matters in controversy between them. The plaintiff agreed to pay to- the moving party $8,077.96, and in so doing was to be entitled to have the action discontinued or a decree entered, without costs. He has paid $5,000 on account of this settlement and adjustment, but refuses to pay the balance, alleging that he is entitled to certain offsets or counterdemands against it. Concerning the merits of his
Present — O’Brien, Eumsey, Patterson, Ingraham and Parker, JJ.
Order affirmed, with ten dollars costs and disbursements.