Caban v. New York City Transit Authority

Full title: EMILIANO CABAN, as Administrator of the Estate of FRANK CABAN, Deceased…

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

Date published: Jan 12, 1960

10 A.D.2d 548 (N.Y. App. Div. 1960)

Opinion

January 12, 1960

Appeals unanimously dismissed, with $20 costs and disbursements to the defendant-respondent. The rulings made during an examination before trial are not appealable. (Tripp, A Guide to Motion Practice, § 68, subd. 7.) Such rulings, however, are without any effect upon the issues as they may be defined during the trial by the trial court.

Concur — Botein, P.J., Breitel, Rabin, M.M. Frank and Valente, JJ.