MATTER OF OSWALD v. OSWALD


224 A.D.2d 697 (1996)

639 N.Y.S.2d 76

In the Matter of Patricia Oswald et al., Respondents, v. Alena Oswald et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 26, 1996


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

There is no merit to the appellant's contention that the Family Court improperly granted the petitioner's motion pursuant to CPLR 4401 for judgment as a matter of law at the close of the petitioner's case. Although the motion was granted without any proof having been presented by the opposing parties, none of their witnesses were...

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