From Casetext: Smarter Legal Research

Elliott v. Guervil

Supreme Court, Appellate Division, Second Department, New York.
Aug 1, 2012
98 A.D.3d 470 (N.Y. App. Div. 2012)

Opinion

2012-08-1

Jennifer ELLIOTT, respondent, v. Joseph R. GUERVIL, appellant, et al., defendants.

Marjorie E. Bornes, New York, N.Y., for appellant. Sol Kodsi, New York, N.Y., for respondent.


Marjorie E. Bornes, New York, N.Y., for appellant. Sol Kodsi, New York, N.Y., for respondent.

In a consolidated action to recover damages for personal injuries, the defendant Joseph R. Guervil appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Ash, J.), dated September 14, 2011, as, in effect, denied that branch of his motion which was to preclude the plaintiff from offering any evidence at the time of trial with respect to certain magnetic resonance imaging films.

ORDERED that the appeal is dismissed, with costs.

The appeal must be dismissed because it concerns an evidentiary ruling which, even when “made in advance of trial on motion papers ... is neither appealable as of right nor by permission” (Cotgreave v. Public Adm'r of Imperial County [ Cal.], 91 A.D.2d 600, 601, 456 N.Y.S.2d 432;see CPLR 5701; Matter of Lyons v. Lyons, 86 A.D.3d 569, 570, 926 N.Y.S.2d 834;Cortez v. Northeast Realty Holdings, LLC, 78 A.D.3d 754, 757, 911 N.Y.S.2d 151).

SKELOS, J.P., DILLON, LEVENTHAL and SGROI, JJ., concur.


Summaries of

Elliott v. Guervil

Supreme Court, Appellate Division, Second Department, New York.
Aug 1, 2012
98 A.D.3d 470 (N.Y. App. Div. 2012)
Case details for

Elliott v. Guervil

Case Details

Full title:Jennifer ELLIOTT, respondent, v. Joseph R. GUERVIL, appellant, et al.…

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Aug 1, 2012

Citations

98 A.D.3d 470 (N.Y. App. Div. 2012)
2012 N.Y. Slip Op. 5798
948 N.Y.S.2d 916

Citing Cases

Turner v. State

ORDERED that the appeal is dismissed, with costs. The appeal must be dismissed because it concerns an…