Mike Nasti Sand Co. v. Almar Landscaping Corp.

In an action in which plaintiff has moved for summary judgment in lieu of serving a complaint (CPLR 3213), defendant appeals from a judgment of the Supreme Court, Queens County, entered August 2, 1968 in favor of plaintiff. The appeal brings up for review an order of said court, entered the same day, which granted plaintiff’s motion to renew or reargue its prior motion and thereupon granted its motion for summary judgment. Judgment reversed, on the law; order modified, on the law, by striking therefrom the second decretal paragraph thereof, which granted plaintiff summary judgment, and…