Reversed, on the law, without costs and without disbursements, vacated, and judgment granted to the plaintiff. Appeal from decision dated October 23, 1974, dismissed as nonappealable, without costs and without disbursements.
This case was previously before this court on cross appeals on motions for summary judgment, and we modified at that time to provide that, with respect to the second cause of action for the return of a deposit, summary judgment should be denied...
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