Slavin v. Berlin

Appellate Division of the Supreme Court of New York

Slavin v. Berlin

172 A.D.2d 514, 568 N.Y.S.2d 334, 1991 N.Y. App. Div. LEXIS 4385

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

DecidedApril 1, 1991

StatusPublished

Cited by3 cases

This text of 172 A.D.2d 514 (Slavin v. Berlin) 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

Slavin v. Berlin, 172 A.D.2d 514, 568 N.Y.S.2d 334, 1991 N.Y. App. Div. LEXIS 4385 (N.Y. Ct. App. 1991).

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Opinion

In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Suffolk County (Jones, J.), dated July 17, 1989, which granted the plaintiff’s motion for a mistrial and denied his cross motion for judgment during trial.

[515]*515Ordered that the appeal is dismissed, without costs or disbursements.

It is well settled that an order granting a mistrial motion and rulings made by the trial court are not appealable (see, CPLR 5501; Mecca v Connelly, 150 AD2d 353; City of Elmira v Larry Walter, Inc., Ill AD2d 553; Leiner v Howard’s Appliance, 104 AD2d 634, 635; Brown v Micheletti, 97 AD2d 529; Graney Dev. Corp. v Taksen, 66 AD2d 1008). Accordingly, the appeal must be dismissed. Bracken, J. P., Kooper, Lawrence, Balletta and O’Brien, JJ., concur.

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In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Suffolk County (Jones, J.), dated July 17, 1989, which granted the plaintiff’s motion for a mistrial and denied his cross motion for judgment during trial.

[515]*515Ordered that the appeal is dismissed, without costs or disbursements.

It is well settled that an order granting a mistrial motion and rulings made by the trial court are not appealable (see, CPLR 5501; Mecca v Connelly, 150 AD2d 353; City of Elmira v Larry Walter, Inc., Ill AD2d 553; Leiner v Howard’s Appliance, 104 AD2d 634, 635; Brown v Micheletti, 97 AD2d 529; Graney Dev. Corp. v Taksen, 66 AD2d 1008). Accordingly, the appeal must be dismissed. Bracken, J. P., Kooper, Lawrence, Balletta and O’Brien, JJ., concur.

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Bluebook (online)

172 A.D.2d 514, 568 N.Y.S.2d 334, 1991 N.Y. App. Div. LEXIS 4385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slavin-v-berlin-nyappdiv-1991.

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