Caban v. New York City Transit Auth., 10 A.D.2d 548 (N.Y. App. Div. 1960).

Caban v. New York City Transit Auth., 10 A.D.2d 548 (N.Y. App. Div. 1960). Cases Citing This Book View Copy Cite

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Emiliano Caban, as Administrator of the Estate of Frank Caban
v.
New York City Transit Authority

Appellate Division of the Supreme Court of the State of New York.

Jan 12, 1960.

10 A.D.2d 548

195 N.Y.S.2d 596

1960 N.Y. App. Div. LEXIS 12320

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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.