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SHANKMAN v. CON ED

99 Misc.2d 956 (1979)

Harold Shankman, Respondent, v. Consolidated Edison Co., Appellant.

Supreme Court, Appellate Term, Second Department.

April 17, 1979

Attorney(s) appearing for the Case

Ernest J. Williams and Joseph J. Klem for appellant. Rosengarten & Weinreich (Howard B. Weinreich of counsel), for New York State Food Merchants Association, Inc., amicus curiae. B. Robert Piller and Jill Kupferberg for Public Utility Law Project, amicus curiae.

Concur: PINO, P. J. and BUSCHMANN, J.; WEINSTEIN, J., taking no part.

MEMORANDUM.

Appeal from order (see 94 Misc.2d 150) dismissed, without costs.

The denial of defendant's motion to dismiss for failure to make out a prima facie case is a ruling made during the course of the trial and is not appealable either as of right or by permission (CCA, § 1702; see Covell v H.R.H. Constr. Corp., 17 N.Y.2d 709

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