Irving Finance Corp. v. Wegener

Appeals from order, entered October 18, 1967, and from judgment entered thereon, consolidated. The order unanimously modified, on the law and the facts, to strike the first and third decretal paragraphs thereof and in lieu thereof to provide that the motion by plaintiff is granted, to the extent of severing the first cause of action and directing partial summary judgment thereon in plaintiff’s favor in the sum *959of $1,800 with interest thereon from October 2, 1965, with costs and disbursements as heretofore taxed; said order otherwise affirmed, without costs and disbursements, and plaintiff’s…