Opinion
2003-09742.
September 12, 2005.
In an action to recover damages for medical malpractice, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Rockland County (Weiner, J.), dated September 19, 2003, as denied their motion to introduce evidence of lost income at the trial on the issue of damages.
Bruce G. Clark Associates, P.C., New York, N.Y. (Peter L. Gale and Kenneth J. Wahl of counsel), for appellants.
Rende Ryan Downes, P.C., White Plains, N.Y. (Roland T. Koke of counsel), for respondents David A. Price, Amnon Fein, Robert M. Hecht, and Ramapo Valley Ob/Gyn, P.C.
Hiscock Barclay, LLP, Buffalo, N.Y. (Dennis R. McCoy and Stephanie Williams Torres of counsel), and Wilson, Elser, Moskowitz, Edelman Dicker, White Plains, N.Y. (Alan Friedberg of counsel), for respondents Quest Diagnostics Incorporated and Robin Scott (one brief filed).
Before: S. Miller, J.P., Ritter, Goldstein and Fisher, JJ., concur.
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" ( Chateau Rive Corp. v. Enclave Dev. Assoc., 283 AD2d 537, quoting Cotgreave v. Public Adm'r of Imperial County, 91 AD2d 600, 601; see Curtis v. Fishkill Allsport Fitness Racquetball Club, 2 AD3d 768; Farmer v. Nostrand Ave. Meat Poultry, 289 AD2d 439).