Landberg v. Fowler

Appellate Division of the Supreme Court of New York

Landberg v. Fowler

278 A.D. 661, 102 N.Y.S.2d 548, 1951 N.Y. App. Div. LEXIS 4263

Appellate Division of the Supreme Court of the State of New York·Decided February 13, 1951·Published·Cited by 2 cases

Opinion

Appeal from an order of the City Court of the City of White Plains, granting a motion for a mistrial because of statements made to the jury by counsel for appellants in his opening dismissed, with $10 costs and disbursements. The order was within the discretion of the trial court and, in the absence of judgment, is not appealable. (Civ. Prac. Act, § 583; Brauer v. Oceanic Steam Navigation Co., 77 App Div. 407, 408; Abraham v. American Exchange Nat. Bank, 174 App. Div. 854; Fine v. Cummins, 260 App. Div. 569, 570; Dunbar v. Ingraham, 275 App. Div. 898.) Nolan, P. J., Carswell, Adel, Sneed and MacCrate, JJ., concur.

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Appeal from an order of the City Court of the City of White Plains, granting a motion for a mistrial because of statements made to the jury by counsel for appellants in his opening dismissed, with $10 costs and disbursements. The order was within the discretion of the trial court and, in the absence of judgment, is not appealable. (Civ. Prac. Act, § 583; Brauer v. Oceanic Steam Navigation Co., 77 App Div. 407, 408; Abraham v. American Exchange Nat. Bank, 174 App. Div. 854; Fine v. Cummins, 260 App. Div. 569, 570; Dunbar v. Ingraham, 275 App. Div. 898.) Nolan, P. J., Carswell, Adel, Sneed and MacCrate, JJ., concur.

Landberg v. Fowler, 278 A.D. 661, 102 N.Y.S.2d 548, 1951 N.Y. App. Div. LEXIS 4263 (N.Y. Ct. App. 1951).

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Opinion

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