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Smith v. Konica Business Machines, USA, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 7, 1996
232 A.D.2d 398 (N.Y. App. Div. 1996)

Opinion

October 7, 1996.

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (O'Brien, J.), dated November 20, 1995, which denied its motion to compel the plaintiff Sylvester Smith to appear for a further examination before trial.

Before: Mangano, P. J., O'Brien, Pizzuto, Goldstein and Luciano, JJ.


Ordered that the appeal is dismissed, with costs.

The instant appeal is, in effect, from an order determining an application to review objections raised at an examination before trial. Such an order is not appealable as a matter of right ( see, Lachowski v Lehrer McGovern Bovis, 220 AD2d 390; Scalone v Phelps Mem. Hosp. Ctr., 184 AD2d 65, 69; Stoller v Moo Young Jun, 118 AD2d 637; Sainz v New York City Health Hosps. Corp., 106 AD2d 500).


Summaries of

Smith v. Konica Business Machines, USA, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 7, 1996
232 A.D.2d 398 (N.Y. App. Div. 1996)
Case details for

Smith v. Konica Business Machines, USA, Inc.

Case Details

Full title:SYLVESTER SMITH et al., Respondents, v. KONICA BUSINESS MACHINES, USA…

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

Date published: Oct 7, 1996

Citations

232 A.D.2d 398 (N.Y. App. Div. 1996)
648 N.Y.S.2d 460

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