Corrado v. Davuluri — 122 A.D.3d 1390

Majority

p. 1390

Kathleen Corrado, Individually and as Parent and Natural Guardian of Lucas Delgatto, an Infant, Respondent, v Choudary Davuluri, M.D., et al., Appellants.

[995 NYS2d 527]

Appeals from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered June 25, 2013. The order denied the motion of defendants for a directed verdict.

It is hereby ordered that said appeals are unanimously dismissed without costs.

Memorandum: Defendants appeal from an order denying their motion for a directed verdict at the close of plaintiffs case (see CPLR 4401). The jury was unable to reach a verdict after the close of evidence, and Supreme Court declared a mistrial. The appeals must be dismissed. The court’s order denying the motion for a directed verdict embodies “determinations in the nature of rulings by the court during the trial and is not appeal-able” (Coveil v H. R. H. Constr. Corp., 24 AD2d 566 , 567 [1965], affd 17 NY2d 709 [1966]; see Kinker v 6409-20th Ave. Realty Corp., 28 AD2d 907 , 908 [1967], appeal dismissed 20 NY2d 796 [1967]; see also Kemp v Lynch, 283 AD2d 934 , 934 [2001]), either as of right or by permission (see Radford v Sheridan Prods.,

p. 1391

181 AD2d 667 , 668 [1992]).

Present — Centra, J.P., Fahey, Sconiers, Whalen and DeJoseph, JJ.

Cases cited

Covell v. H. R. H. Construction Corp. 17 NY2d 709 N.Y. 1966-03-31 p. 1390
Kinker v. 6409-20th Avenue Realty Corp. 28 AD2d 907 N.Y. App. Div. 1967-07-10 at 908 p. 1390
John B. Moore Corp. v. Meyer 20 NY2d 796 N.Y. 1967-09-28 p. 1390
Radford v. Sheridan Products, Inc. 181 AD2d 667 N.Y. App. Div. 1992-03-02 at 668 p. 1391