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BOWMAN v. OSBORNE AGENCY, INC.

245 A.D.2d 328 (1997)

666 N.Y.S.2d 23

Robert D. Bowman, Jr., Respondent, v. Osborne Agency, Inc., et al., Defendants, and Utica National Insurance Company, Appellant

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

December 8, 1997

Ordered that the order is affirmed, with costs.

After the court granted the plaintiff's motion for summary judgment, the parties agreed that, upon further discovery and the submission of additional papers, the court "may reconsider the motion". In the absence of material issues of fact, the court properly denied the appellant's motion to vacate the earlier order (see, Zuckerman v City of New York, ...

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