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

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

DecidedMay 1, 1989

StatusPublished

Cited by3 cases

This text of 150 A.D.2d 353 (Mecca v. Connelly) 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

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).

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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.

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—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.

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Bluebook (online)

150 A.D.2d 353, 543 N.Y.S.2d 317, 1989 N.Y. App. Div. LEXIS 5496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mecca-v-connelly-nyappdiv-1989.

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