Kirkwall Corp. v. Sessa

Judgment, Supreme Court, New York County, entered December 26, 1974, which on an agreed statement of facts dismissed the complaint, reversed, on the law, without costs and without disbursements, vacated, and judgment granted to the plaintiff. Appeal from decision dated October 23, 1974, dismissed as nonappealable, without costs and without disbursements. This case was previously before this court on cross appeals on motions for summary judgment, and we modified at that time to provide that, with respect to the second cause of action for the return of a deposit, summary judgment should be…