Caban v. New York City Transit Authority

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.