York v. York

In an action for a divorce and ancillary relief, the plaintiff appeals from an order of the Supreme Court, Queens County (Strauss, J.), dated December 3, 2010, which denied her motion for a mistrial and recusal.

Ordered that the order is affirmed, with costs.

A motion for a mistrial is directed to the sound discretion of the trial court, and is to be made on a case-by-case basis (see Frankson v Philip Morris Inc., 31 AD3d 372, 373 [2006]). The trial court providently exercised its discretion in denying that branch of the plaintiffs motion which was for a mistrial.

Further, absent a legal…