Tucker v. City of New York

OPINION OF THE COURT

Ira B. Harkavy, J.

Plaintiffs move for an order declaring a mistrial in the above-entitled action and ordering a new trial.

The within action for personal injuries allegedly sustained by plaintiff Willie Tucker was tried before the undersigned and a jury on November 13, 14, and 15, 1989. At the conclusion of the plaintiffs’ case the court granted defendant’s motion to dismiss the plaintiffs’ case. Thereafter, plaintiffs filed a notice of appeal, ordered the trial transcript and attempted to settle the record in order to perfect the appeal.

A review of the transcript by…