Berkowitz v. Berkowitz

— Yesawich, Jr., J.

Appeal from a judgment of the Supreme Court in favor of plaintiff, entered April 11, 1984 in Otsego County, upon a decision of the court at Trial Term (Harlem, J.), without a jury.

When this appeal was originally before this court, we reversed the judgment and dismissed the complaint (111 AD2d 434). That decision has since been reversed by the Court of Appeals and the matter has been remitted to us for the purpose of exercising our discretion with respect to an amendment of the complaint and to determine if the trial court’s decision in plaintiff’s favor on a cause of action…