Matter dismissed, without costs.
Memorandum:
The order of the Trial Term has referred a question of admissibility of evidence to this court after having discharged the jury and effected a mistrial of the action. Such question was one for the trial court in the first instance. In the absence of a judgment, section 550 of the Civil Practice Act is not authority for the action taken. (See Fine v. Cummins, 260 App. Div. 569, and Syracuse Grade Crossing...
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