A. R. Fuels, Inc. v. City of New York

OPINION OF THE COURT

Memorandum.

The judgment of the Supreme Court, New York County, appealed from, and the orders of the Appellate Division brought up for review, should be affirmed, with costs.

*750Appellant, A. R Fuels, Inc., brought this action for restitution in connection with deliveries of No. 2 fuel oil and No. 2D diesel fuel to respondent, the City of New York, pursuant to a judgment that was later reversed by the Appellate Division (72 AD2d 517) in a decision affirmed by this court (49 NY2d 749). This appeal pursuant to CPLR 5601 (subd [d]) brings up for review two prior nonfinal…