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124 A.D.2d 620

Brenner v. Sewall

Appellate Division of the Supreme Court of the State of New York · decided 1986-11-10

Decided 1986-11-10

¶1After the trial court issued a ruling which the attorney for the plaintiffs considered to be adverse to his clients, the plaintiffs refused to proceed with the trial of their action and rested without having established a prima facie case against the respondents. Under these circumstances, it was entirely proper to enter a judgment in favor of the respondents regardless of whether the ruling by which the plaintiffs claimed to be aggrieved was correct (see, Leiner v Howard’s Appliance, 104 AD2d 634, lv denied 64 NY2d 603).

¶2In any event, the trial court’s ruling, which denied the plaintiffs’ application for a mistrial, was in all respects correct. The judgment under review should therefore be affirmed. Mollen, P. J., Mangano, Niehoff and Weinstein, JJ., concur.

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