Appellate Division of the Supreme Court of the State of New York September 25, 1978 (Wickham Contracting Co. v. Construction Corp.)

—In an action based upon a liquidating agreement, plaintiff appeals from an order of the Supreme Court, Westchester County, entered September 13, 1977, which denied its motion, pursuant to CPLR 3213, for summary judgment in lieu of complaint in the sum of $37,476.74, together with interest thereon from November 22, 1976.