Appeal dismissed, with $10 costs and disbursements. No appeal lies from an order made upon a ruling given during the course of a trial (10 Carmody-Wait 2d, New York Practice, §§ 70:37, 70:38).
If the merits of the appeal were properly before us, we would affirm the order. At the close of plaintiff's main case, subject to the calling of an additional witness, defendant moved to dismiss the complaint. During the colloquy on the motion, plaintiff's counsel...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
