Landberg v. Fowler

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

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 13, 1951
• Status: Published

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.