Srochi v. Kamensky

Quillian, Judge.

The evidence introduced on the trial of the case was in every material substance identical to that which the court considered on motion for summary judgment. The witness, Sidney Kamensky, did not testify on the trial of the case, while his deposition and affidavit were taken on motion for summary judgment. However, his evidence in toto was, if anything, more favorable to the contentions of the plaintiffs. Hence, the rule would be applicable that the rulings on a former review, whether right or wrong, are binding on this court where the evidence on the principal issues is…