
    First Department,
    May, 1932.
    Albert Fisher, Respondent, v. Max Amsel, Appellant.
   Finch, P. J.

(dissenting). I dissent and vote to reverse and grant a new trial, on the ground that plaintiff should not be permitted to recover the balance claimed to be due under the contract. As I view it, the contract was not fully performed. Plaintiff should be limited to a recovery if at all on the basis of a quantum meruit.  