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Farmer v. Nostrand Avenue Meat and Poultry

Appellate Division of the Supreme Court of New York, Second Department
Dec 24, 2001
289 A.D.2d 439 (N.Y. App. Div. 2001)

Opinion

2001-01863

Submitted December 5, 2001.

December 24, 2001.

In an action to recover damages for personal injuries, the plaintiff, Lillian Farmer, as administratrix of the estate of Rawle James, appeals from an order of the Supreme Court, Kings County (Jones, J.), entered January 12, 2001, which granted the motion of the defendant Fred Lane to preclude her from reading into the record at trial any portion of an examination before trial of the decedent, Rawle James.

Parker Waichman, P.C. (DiJoseph Portegello, New York, N Y [Arnold E. DiJoseph] of counsel), for appellant.

Israelson Gold, Plainview, N.Y. (Jeffrey B. Gold of counsel), and Dubow Smith, Bronx, N.Y., for respondent (one brief filed).

Before: CORNELIUS J. O'BRIEN, J.P., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.


ORDERED that the appeal is dismissed, with costs to the respondent.

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 Administrator of Imperial County, 91 A.D.2d 600, 601; see, Chateau Rive Corp. v. Enclave Dev. Assocs., 283 A.D.2d 537; Savarese v. City of New York Hous. Auth., 172 A.D.2d 506; Pellegrino v. New York City Tr. Auth., 141 A.D.2d 709).

O'BRIEN, J.P., S. MILLER, McGINITY, SCHMIDT and TOWNES, JJ., concur.


Summaries of

Farmer v. Nostrand Avenue Meat and Poultry

Appellate Division of the Supreme Court of New York, Second Department
Dec 24, 2001
289 A.D.2d 439 (N.Y. App. Div. 2001)
Case details for

Farmer v. Nostrand Avenue Meat and Poultry

Case Details

Full title:LILLIAN FARMER, ETC., APPELLANT, v. NOSTRAND AVENUE MEAT AND POULTRY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 24, 2001

Citations

289 A.D.2d 439 (N.Y. App. Div. 2001)
735 N.Y.S.2d 425

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