Berardi v. W. T. Lane, Inc.

— In an action, inter alia, to set aside a promissory note and a mortgage and for an accounting, plaintiff appeals (1) from an order of the Supreme Court, Dutchess County, dated October 29, 1971, which denied his motion for summary judgment and granted a special preference for trial in the interests of justice; and (2) from so much of an order of the same court, dated November 29, 1971, as directed that a trial be had. Order of October 29, 1971, modified, on the law, by adding, immediately after the decretal provision that plaintiff’s motion is “denied”, the following: “as to defendant…