GREGORY v. STARACE


264 A.D.2d 465 (1999)

693 N.Y.S.2d 461

MARY A. GREGORY, Appellant, v. LOUIS M. STARACE, Respondent.

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

Decided August 23, 1999.


Ordered that the order is affirmed, with costs.

At the close of the plaintiff's evidence at trial, the court granted a motion by the defendant to dismiss the complaint. The plaintiff did not appeal from the judgment entered upon the granting of that motion. Rather, the plaintiff appeals from the court's denial of her motion to vacate the judgment. However, on the record presented, which does not include a transcript of the trial, it cannot be said that the court improvidently...

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