Legal Opinion

Tannenbaum v. Hoar

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

Decided November 21, 1966PublishedCited by 3 opinions

1Opinion of the CourtReynolds, J.

Appeal from an order of the Supreme Court, Ulster County, which denied appellant’s motion to dismiss the complaint after the jury could not reach a verdict and granted a new trial. Direction of a new trial is mandatory where as here the first trial resulted in a hung jury (CPLR 4113, subd. [b] ). The instant order is not an appealable order under CPLR 5701 (subd. [a]). (Aesman v. Fox, 26 A D 2d 739; Covell v. H. R. H. Constr. Corp., 24 A D 2d 566, affd. 17 N Y 2d 709). Appeal dismissed, without costs. Gibson, P. J., Herlihy, Aulisi and Staley, Jr., JJ., concur.

2Cited by3 opinions

  1. State v. Exxon Corp.Appellate Division of the Supreme Court of the State of New York · 2004
  2. Totaro v. ScarlatosAppellate Division of the Supreme Court of the State of New York · 2009
  3. Hanss v. BodineAppellate Division of the Supreme Court of the State of New York · 1975