It is clear beyond dispute that the intent of the order appealed from was to grant summary judgment to plaintiff and direct an assessment of damages (CPLR 3212, subd. [c]) and that the purported denial was only of immediate monetary damage. Both of the parties here are attorneys. The appellant on October 25, 1963, retained respondent to represent her in the sale and transfer of certain real property she owned in Ulster County. She agreed to...
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