Fagan v. Meloni , 125 A.D.2d 980 ( 1986 )

— Judgment unanimously affirmed, with costs. Memorandum: Based upon the trial evidence, defendants’ motion for judgment at the close of plaintiff’s proof pursuant to CPLR 4401 was properly granted as a matter of law by the court. (Appeal from judgment of Supreme Court, Monroe County, White, J. — libel.) Present — Dillon, P. J., Callahan, Doerr, Denman and Schnepp, JJ.