Northern Operating Corp. v. Anopol

In an action for specific performance of a contract for the sale of certain real property (first cause of action) and for damages (second cause of action), defendant appeals from an order of the Supreme Court, Rockland County, dated June 10, 1967, which (1) denied his motion, made during defendant’s case upon a nonjury trial, for a jury trial of the second cause of action, under CPLR 4103, and (2) directed the trial to proceed. Appeal dismissed, with $10 costs and disbursements. No appeal lies from an order made upon a ruling given during the course of a trial (10 Carmody-Wait 2d, New York…