Steinbach v. Donnelli

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Westchester County (Donovan, J.), dated November 13, 1986, which, upon granting the defendant’s motion for judgment during trial (CPLR 4401), is in favor of the defendant and against them.

Ordered that the judgment is reversed, in the exercise of discretion, with costs, and a new trial is granted.

After denying the plaintiffs’ application for a brief continuance, the trial court granted the defendant’s motion for judgment during trial (CPLR 4401) based upon its determination…