STEINBACH v. DONNELLI


141 A.D.2d 630 (1988)

Lynne J. Steinbach et al., Appellants, v. Richard A. Donnelli, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 13, 1988


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 that the plaintiffs had failed to prove a prima facie case. The judgment which was thereafter entered is, contrary to the defendant's contention, appealable as of right, and the...

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