Legal Opinion

Graney Development Corp. v. Taksen

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

Decided December 15, 1978Published

1Opinion of the Court

Appeals unanimously dismissed, without costs. Memorandum: Plaintiffs seek to review on appeal certain rulings of the court made during trial which have been embodied in an order entered on plaintiffs’ motion granting a mistrial pursuant to CPLR 4402. It is well settled that an order granting a mistrial motion and rulings made by the court during trial are not appealable (see Richardson v Wengatz, 33 AD2d 947; Northern Operating Corp. v Anopol, 30 AD2d 690; Landberg v Fowler, 278 App Div 661; Dunbar v Ingraham, 275 App Div 898; Matter of Taylor, 271 App Div 947; Fine v Cummins, 260 App Div…

2Cases cited6 opinions

  1. Bayswater Health Related Facility v. KaragheuzoffNew York Court of Appeals · 1975
  2. Graney Development Corp. v. TaksenNew York Supreme Court · 1978
  3. Fine v. CumminsAppellate Division of the Supreme Court of the State of New York · 1940
  4. Northern Operating Corp. v. AnopolAppellate Division of the Supreme Court of the State of New York · 1968
  5. Richardson v. WengatzAppellate Division of the Supreme Court of the State of New York · 1970

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