Citation Numbers: 143 A.D.2d 409
Filed Date: 9/19/1988
Status: Precedential
Modified Date: 1/13/2022
— Motion by the defendant, inter alia, for reargument of a decision and order of this court dated May 2, 1988 [140 AD2d 326], which determined an appeal from an interlocutory judgment of the Supreme Court, Nassau County (Oppido, J.), entered November 13, 1986.
Ordered that the branch of the motion which is for reargument is granted, and upon reargument, the original determination is adhered to; the motion is denied in all other respects.
Pursuant to this court’s factual review power on an appeal from a judgment entered after a nonjury trial (see, Majauskas v Majauskas, 61 NY2d 481, 493-494), we found that the parties entered into an oral agreement in February 1979 wherein the plaintiff sold his partnership interest to the defendant for $400 per week for so long as the defendant ran Ross Printing & Mailing, or until the defendant retired, or until the plaintiff died. The plaintiff had not asserted a claim to recover damages for breach of the contract. However, we conformed the pleadings to the proof and granted a new trial on that cause of action. Because the February 1979 oral