Liberty Mutual Insurance v. Newman

— In an action by plaintiff insurer to recover money paid to the defendant insured based on a mistake of fact, the defendant appeals from a judgment of the Supreme Court, Westchester County (Burchell, J.), dated November 2, 1981, in favor of plaintiff in the principal sum of $9,805.66, together with interest and costs. (We deem the notice of appeal to be a premature notice of appeal from the judgment, which was entered upon a prior order of the same court dated October 28, 1981, which [1] denied defendant’s motion for summary judgment and [2] granted plaintiff’s cross motion for summary…