Mecca v. Connelly

Appellate Division of the Supreme Court of New York

Mecca v. Connelly

150 A.D.2d 353, 543 N.Y.S.2d 317, 1989 N.Y. App. Div. LEXIS 5496

Appellate Division of the Supreme Court of the State of New York·Decided May 1, 1989·Published·Cited by 3 cases

Opinion

—In an action to recover damages for personal injuries based upon medical malpractice, the defendants separately appeal from an order of the Supreme Court, Nassau County (Brucia, J.), dated December 4, 1987, which granted the plaintiff’s motion, inter alia, for a mistrial.

Ordered that the appeal is dismissed, without costs or disbursements.

It is well settled that an order granting a mistrial motion is not appealable (see, CPLR 5501; City of Elmira v Larry Walter, Inc., 111 AD2d 553; Graney Dev. Corp. v Taksen, 66 AD2d 1008 [and cases cited therein]). Accordingly, this appeal must be dismissed. Kunzeman, J. P.. Rubin, Eiber and Rosenblatt, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In an action to recover damages for personal injuries based upon medical malpractice, the defendants separately appeal from an order of the Supreme Court, Nassau County (Brucia, J.), dated December 4, 1987, which granted the plaintiff’s motion, inter alia, for a mistrial.

Ordered that the appeal is dismissed, without costs or disbursements.

It is well settled that an order granting a mistrial motion is not appealable (see, CPLR 5501; City of Elmira v Larry Walter, Inc., 111 AD2d 553; Graney Dev. Corp. v Taksen, 66 AD2d 1008 [and cases cited therein]). Accordingly, this appeal must be dismissed. Kunzeman, J. P.. Rubin, Eiber and Rosenblatt, JJ., concur.

Mecca v. Connelly, 150 A.D.2d 353, 543 N.Y.S.2d 317, 1989 N.Y. App. Div. LEXIS 5496 (N.Y. Ct. App. 1989).

Pincite

150 A.D.2d 353 (Mecca v. Connelly) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related