*908Christ, Acting P. J., Rabin, Benjamin, Munder and Nolan, JJ., concur.
Citator
UpLaw has not yet analyzed Kinker v. 6409-20th Avenue Realty Corp.. The absence of a flag is not a finding that it is good law.
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KINKER v. 6409-20TH AVENUE REALTY CORP.,28 A.D.2d 907[2d Dept 1967]
SAM KINKER et al., Respondents, v. 6409-20th AVENUE REALTY CORP., Appellant,
et al., Defendants. (And Two Other Actions.)
Appellate Division of the Supreme Court of New York, Second Department.
Plaintiffs Hersch,Page 908Romano and Guadagni move for twofold relief: (a) to dismiss the appeal of the defendant 6049-20th Avenue Realty Corp. from a portion of the order made at Trial Term, Supreme Court, Kings County, on October 14, 1966; and (b) to withdraw their cross appeal from another portion of the same order, without prejudice to their right to appeal from the subsequent judgment. The motion is granted in all respects. The portion of the order sought to be appealed from by this defendant denied its motions made at the end of plaintiffs' case and at the end of the whole case, to dismiss the complaints of the moving plaintiffs and for a directed verdict. This portion of the order does no more than deny the said defendant's oral motions made during the course of the trial; it is in effect a ruling incident to the trial and, as such, it is not appealable (Covellv.H.R.H. Constr. Corp.,24 A.D.2d 566, affd.17 N.Y.2d 709;Tribolativ.Lippman,24 A.D.2d 769). The propriety of any such denial or ruling must be determined on an appeal from any subsequent judgment which may be entered. Christ, Acting P.J., Rabin, Benjamin, Munder and Nolan, JJ., concur.