Precision Carts Vending, Inc. v. City of New York

—Order and judgment (one paper), Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered September 5, 1997, which, inter alia, granted plaintiff’s motion for summary judgment to the extent of rescinding seven concession agreements and directing the return of security deposits tendered in connection therewith, and denied defendants’ cross motion for summary judgment on their counterclaims, unanimously affirmed, without costs.

The court properly granted plaintiff summary judgment to the extent indicated, since the subject concession agreements purporting to allow plaintiff, a mobile…