Tarabochia v. Smith

In an action to recover damages based upon an assault, plaintiff appeals from an order of the Supreme Court, Queens County (Baker, J.), entered October 10, 1980, which denied her motion to set aside the decision of the court, made at the close of the evidence at a jury trial, granting defendant’s motion to dismiss the complaint. Appeal dismissed, without costs or disbursements, upon the ground that the order appealed from is nonappealable. The motion herein (made more than six months after the trial) “for an order * * * setting aside the decision of the Court held at Trial Term * * * made…