Brenner v. Sewall

Appellate Division of the Supreme Court of New York

Brenner v. Sewall

124 A.D.2d 620, 507 N.Y.S.2d 882, 1986 N.Y. App. Div. LEXIS 61930

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 10, 1986

StatusPublished

This text of 124 A.D.2d 620 (Brenner v. Sewall) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brenner v. Sewall, 124 A.D.2d 620, 507 N.Y.S.2d 882, 1986 N.Y. App. Div. LEXIS 61930 (N.Y. Ct. App. 1986).

Pincite

Opinion

After the trial court issued a ruling which the attorney for the plaintiffs considered to be adverse to his clients, the plaintiffs refused to proceed with the trial of their action and rested without having established a prima facie case against the respondents. Under these circumstances, it was entirely proper to enter a judgment in favor of the respondents regardless of whether the ruling by which the plaintiffs claimed to be aggrieved was correct (see, Leiner v Howard’s Appliance, 104 AD2d 634, lv denied 64 NY2d 603).

In any event, the trial court’s ruling, which denied the plaintiffs’ application for a mistrial, was in all respects correct. The judgment under review should therefore be affirmed. Mollen, P. J., Mangano, Niehoff and Weinstein, JJ., concur.

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After the trial court issued a ruling which the attorney for the plaintiffs considered to be adverse to his clients, the plaintiffs refused to proceed with the trial of their action and rested without having established a prima facie case against the respondents. Under these circumstances, it was entirely proper to enter a judgment in favor of the respondents regardless of whether the ruling by which the plaintiffs claimed to be aggrieved was correct (see, Leiner v Howard’s Appliance, 104 AD2d 634, lv denied 64 NY2d 603).

In any event, the trial court’s ruling, which denied the plaintiffs’ application for a mistrial, was in all respects correct. The judgment under review should therefore be affirmed. Mollen, P. J., Mangano, Niehoff and Weinstein, JJ., concur.

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Bluebook (online)

124 A.D.2d 620, 507 N.Y.S.2d 882, 1986 N.Y. App. Div. LEXIS 61930, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brenner-v-sewall-nyappdiv-1986.

Opinion

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