Opinion
2019–06857 Index No. 10385/13
12-02-2020
Richard BENNETT, et al., appellants, v. STATE FARM FIRE AND CASUALTY COMPANY, et al., defendants, Lewis Oil Company, et al., respondents (and related actions).
Edward J. Boyle, Manhasset, NY, for appellants. Cartafalsa, Turpin & Lenoff, New York, N.Y. (Anthony Orcel of counsel), for respondents.
Edward J. Boyle, Manhasset, NY, for appellants.
Cartafalsa, Turpin & Lenoff, New York, N.Y. (Anthony Orcel of counsel), for respondents.
LEONARD B. AUSTIN, J.P., ROBERT J. MILLER, JOSEPH J. MALTESE, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
In an action, inter alia, to recover damages pursuant to Navigation Law article 12, the plaintiffs appeal from an order of the Supreme Court, Nassau County (James P. McCormack, J.), dated April 9, 2019. The order, insofar as appealed from, granted that branch of the motion in limine of the defendants Lewis Oil Company and Champion Energy Corp. which was to preclude the plaintiffs from offering certain evidence at trial as to the medical condition of Mary Wendell Bennett.
ORDERED that the appeal is dismissed, without costs or disbursements.
The plaintiffs appeal from an order in which the Supreme Court, inter alia, granted that branch of the motion in limine of the defendants Lewis Oil Company and Champion Energy Corp. which was to preclude the plaintiffs from offering certain evidence at trial as to the medical condition of Mary Wendell Bennett. The subject determination is an evidentiary ruling. Such a ruling, even when made "in advance of trial on motion papers constitutes, at best, an advisory opinion which is neither appealable as of right nor by permission" ( Cotgreave v. Public Adm'r of Imperial County [Cal.], 91 A.D.2d 600, 601, 456 N.Y.S.2d 432 ; see Diller v. Munzer, 141 A.D.3d 630, 630–631, 34 N.Y.S.3d 610 ; Leon Petroleum, LLC v. Carl S. Levine & Assoc., P.C., 122 A.D.3d 686, 996 N.Y.S.2d 139 ; Curtis v. Fishkill Allsport Fitness & Racquetball Club, 2 A.D.3d 768, 769 N.Y.S.2d 411 ). Accordingly, the appeal must be dismissed.
AUSTIN, J.P., MILLER, MALTESE and CONNOLLY, JJ., concur.