Opinion
Argued March 2, 2001
May 21, 2001.
In an action, inter alia, to compel specific performance of a covenant requiring the defendant to construct a road across its property to serve the plaintiff's property, the plaintiff appeals from an order of the Supreme Court, Westchester County (Di Blasi, J.), dated December 16, 1999, which granted the defendant's motion in limine to preclude the plaintiff from introducing at trial evidence of damages for lost profits in connection with a proposed restaurant, health club, and inn to be constructed on the plaintiff's property.
Wilson, Elser, Moskowitz, Edelman Dicker, LLP, White Plains, N Y (Robert A. Spolzino and Michael L. Saltzman of counsel), for appellant.
Mintz Levin Cohn Ferris Glovsky Popeo, P.C., New York, N.Y. (Robert I. Bodian and Greg Haber of counsel), for respondent.
Before: WILLIAM D. FRIEDMANN, J.P., ANITA R. FLORIO, LEO F. McGINITY and DANIEL F. LUCIANO, JJ.
ORDERED that the appeal is dismissed, without costs or disbursements.
The order appealed from 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; see, Savarese v. City of New York Housing Auth., 172 A.D.2d 506, 509; Pellegrino v. New York City Tr. Auth., 141 A.D.2d 709).
FRIEDMANN, J.P., FLORIO, McGINITY and LUCIANO, JJ., concur.