Hill v. Arnold

in a memorandum as follows: I respectfully dissent and vote to affirm the IAS Court.

I would first note that an order granting a motion for a mistrial is not appealable (CPLR 5501; Mecca v Connelly, 150 AD2d 353; City of Elmira v Larry Walter, Inc., 111 AD2d 553, affd 76 NY2d 912). Accordingly, that branch of the appeal should be dismissed.

In any event, CPLR 4533-b provides, in pertinent part: "In an action for personal injury * * * any proof as to payment by or settlement with another joint tortfeasor, or one claimed to be a joint tortfeasor, offered by a defendant in mitigation of damages,…