Opinion
Argued June 14, 1943
Decided October 14, 1943
Appeal from the Supreme Court, Appellate Division, Second Department, WENZEL, J.
Henry Vollmer, Jr., and John C. Osborne for appellant.
Lloyd P. Stryker, Howard A. Rochford and Harold W. Wolfram for respondents.
Paragraph 3 of the agreement is invalid. Paragraph 2 is inseparable from paragraph 3 and falls with it. There has been no refusal or failure to perform any other provision of the agreement. The judgment appealed from denying specific performance and dismissing the complaint is therefore affirmed, with costs.
The judgment should be affirmed, with costs.
LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS, CONWAY, DESMOND and THACHER, JJ., concur.
Judgment affirmed.