YORK v. YORK

2011-00564.

98 A.D.3d 1038 (2012)

950 N.Y.S.2d 911

2012 NY Slip Op 6212

ESTHER YORK, Appellant, v. JOSEPH YORK, Respondent.

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

September 19, 2012.


Ordered that the order is affirmed, with costs.

A motion for a mistrial is directed to the sound discretion of the trial court, and is to be made on a case-by-case basis (see Frankson v Philip Morris Inc., 31 A.D.3d 372, 373 [2006]). The trial court providently exercised its discretion in denying that branch of the plaintiff's motion which was for a mistrial.

Further, absent a legal disqualification under Judiciary...

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