Alberi v. Rossi

Full title: DANTE ALBERI, Appellant, v. JOHN ROSSI, Respondent

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

Date published: Feb 3, 1986

117 A.D.2d 574 (N.Y. App. Div. 1986)

Opinion

February 3, 1986

Appeal from the Supreme Court, Westchester County (Stolarik, J.).

Appeal from the order dated October 26, 1984, dismissed, without costs or disbursements. Since the plaintiff's motion papers requested relief in the alternative, and since one of the requested alternative items of relief was granted, plaintiff is not aggrieved by the order dated October 26, 1984 (CPLR 5511).

Purported appeal from oral rulings rendered November 30, 1984, dismissed, without costs or disbursements. No appeal lies from rulings made during the course of an examination before trial (see, Matter of Beeman, 108 A.D.2d 1010, 1011). Mollen, P.J., Gibbons, Niehoff, Brown and Eiber, JJ., concur.