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Davis v. Behr-Manning Corporation

Appellate Division of the Supreme Court of New York, Third Department
Jan 14, 1953
281 App. Div. 785 (N.Y. App. Div. 1953)

Opinion

January 14, 1953.

Appeal from Supreme Court, Albany County.


The order was made during the course of a trial and after the plaintiff's proof was in, but the trial was never completed. It is quite apparent that the order was not made solely upon the pleadings but was based, in part at least, upon the proof. It cannot be foretold that the proof in another trial will be precisely the same, and hence we think the order went down with the mistrial and should be treated as a nullity. Order reversed, upon the law, without costs and without prejudice. Foster, P.J., Bergan, Coon, Halpern and Imrie, JJ., concur.


Summaries of

Davis v. Behr-Manning Corporation

Appellate Division of the Supreme Court of New York, Third Department
Jan 14, 1953
281 App. Div. 785 (N.Y. App. Div. 1953)
Case details for

Davis v. Behr-Manning Corporation

Case Details

Full title:ALICE DAVIS, Respondent, v. BEHR-MANNING CORPORATION et al., Appellants…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 14, 1953

Citations

281 App. Div. 785 (N.Y. App. Div. 1953)