Fagan v. Meloni

125 A.D.2d 980 Court N.Y. App. Div. Decision date 1986-12-19 Docket Appeal No. 1 English

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p. 980

Richard B. Fagan, Appellant, v Andrew P. Meloni, Respondent.

(Appeal No. 1.)

— Judgment unanimously affirmed, with costs. Memorandum: Based upon the trial evidence, defendants’ motion for judgment at the close of plaintiff’s proof pursuant to CPLR 4401 was properly granted as a matter of law by the court. (Appeal from judgment of Supreme Court, Monroe County, White, J. — libel.) Present — Dillon, P. J., Callahan, Doerr, Denman and Schnepp, JJ.