Citation Numbers: 10 A.D.2d 548, 195 N.Y.S.2d 596, 1960 N.Y. App. Div. LEXIS 12320
Filed Date: 1/12/1960
Status: Precedential
Modified Date: 10/28/2024
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.