Anostario v. Vicinanzo

Appeal from a judgment of the Supreme Court, in favor of defendants, entered January 22,1980 in Montgomery County, upon a decision of the court at Trial Term (Dier, J.), without a jury. On a motion for reargument of the denial of an application for permission to appeal a prior decision of this court (see 79 AD2d 825) to the Court of Appeals, we, on our own motion, granted reargument of that prior decision (84 AD2d 692). In our prior decision, it was our view that further development of the record was desirable. It is now manifestly clear that no further proof is to be offered. Accordingly, we…