58 A.D.2d 760 | N.Y. App. Div. | 1977
Order, Supreme Court, New York County, entered in the office of the clerk on July 1, 1976, denying defendant-appellant’s cross motion for summary judgment dismissing the action pursuant to CPLR 3212, unanimously reversed, insofar as appealed from, on the law, and summary judgment granted to defendant dismissing the action on the merits. Appellant shall recover of respondent $60 costs and disbursements of this appeal. Appeal from order of the Supreme Court, New York County, entered in the office of the clerk on July 29, 1976, providing that the first order of July 1, 1976 construing the instrument herein was not intended to be and is not the law of the case and affording