Shankman v. Consolidated Edison Co.

Appellate Terms of the Supreme Court of New York

Shankman v. Consolidated Edison Co.

99 Misc. 2d 956, 420 N.Y.S.2d 960, 1979 N.Y. Misc. LEXIS 2367

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 17, 1979

StatusPublished

This text of 99 Misc. 2d 956 (Shankman v. Consolidated Edison Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shankman v. Consolidated Edison Co., 99 Misc. 2d 956, 420 N.Y.S.2d 960, 1979 N.Y. Misc. LEXIS 2367 (N.Y. Ct. App. 1979).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

Appeal from order (see 94 Misc 2d 150) dismissed, without costs.

The denial of defendant’s motion to dismiss for failure to make out a prima facie case is a ruling made during the [957]*957course of the trial and is not appealable either as of right or by permission (CCA, § 1702; see Covell v H.R.H. Constr. Corp., 17 NY2d 709, affg 24 AD2d 566; Richardson v Wengatz, 33 AD2d 947). However, were the appeal properly before us, we would be inclined to reverse (see Lo Vico v Consolidated Edison Co., 99 Misc 2d 897).

Concur: Pino, P. J. and Buschmann, J.; Weinstein, J., taking no part.

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