KATHLEEN CORRADO INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF LUCAS DELGATTO INFANT PLAINTIFF RESPONDENT v. CHOUDARY DAVULURI ST JOSEPH HOSPITAL HEALTH CENTER MATERNAL CHILD HEALTH CENTER AND ST JOSEPH HOSPITAL HEALTH CENTER DEFENDANTS APPELLANTS (2014)

Supreme Court, Appellate Division, Fourth Department, New York.

KATHLEEN CORRADO, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF LUCAS DELGATTO, INFANT, PLAINTIFF–RESPONDENT, v. CHOUDARY DAVULURI, M.D., ST. JOSEPH'S HOSPITAL HEALTH CENTER'S MATERNAL CHILD HEALTH CENTER AND ST. JOSEPH'S HOSPITAL HEALTH CENTER, DEFENDANTS–APPELLANTS.

CA 14–00672

Decided: November 21, 2014

PRESENT: CENTRA, J.P., FAHEY, SCONIERS, WHALEN, AND DEJOSEPH, JJ.

MARTIN, GANOTIS, BROWN, MOULD & CURRIE, P.C., DEWITT (DANIEL P. LARABY OF COUNSEL), FOR DEFENDANT–APPELLANT CHOUDARY DAVULURI, M.D. HANCOCK ESTABROOK, LLP, SYRACUSE (ASHLEY D. HAYES OF COUNSEL), FOR DEFENDANTS–APPELLANTS ST. JOSEPH'S HOSPITAL HEALTH CENTER'S MATERNAL CHILD HEALTH CENTER AND ST. JOSEPH'S HOSPITAL HEALTH CENTER. DEFRANCISCO & FALGIANTANO LAW FIRM, SYRACUSE (CHARLES L. FALGIATANO OF COUNSEL), FOR PLAINTIFF–RESPONDENT.

MEMORANDUM AND ORDER

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 plaintiff's 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 appealable” (Covell v. H.R.H. Constr. Corp., 24 A.D.2d 566, 567, affd 17 N.Y.2d 709; see Kinker v 6409–20th Ave. Realty Corp., 28 A.D.2d 907, 908, appeal dismissed 20 N.Y.2d 796; see also Kemp v. Lynch, 283 A.D.2d 934, 934), either as of right or by permission (see Radford v. Sheridan Prods., 181 A.D.2d 667, 668).

Frances E. Cafarell

Clerk of the Court

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