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Ewell v. Moore

Appellate Division of the Supreme Court of New York, Second Department
Aug 3, 1987
133 A.D.2d 67 (N.Y. App. Div. 1987)

Opinion

August 3, 1987

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


Ordered that the appeal is dismissed, with costs.

An order denying a motion to compel a witness to answer questions propounded at an examination before trial is akin to a ruling made in the course of the examination itself and as such is not appealable as of right (see, Sainz v. New York City Health Hosps. Corp., 106 A.D.2d 500; Roberts v. Modica, 102 A.D.2d 886; Aronofsky v. Marine Park Chiropractic Center, 81 A.D.2d 570). This court had held on numerous occasions that "we are disinclined to grant leave to parties who have taken it upon themselves to perfect an appeal without leave to appeal" (see, Roberts v Modica, supra, at 886). Accordingly, the instant appeal is dismissed. Mollen, P.J., Brown, Weinstein and Rubin, JJ., concur.


Summaries of

Ewell v. Moore

Appellate Division of the Supreme Court of New York, Second Department
Aug 3, 1987
133 A.D.2d 67 (N.Y. App. Div. 1987)
Case details for

Ewell v. Moore

Case Details

Full title:JAMES EWELL, Respondent, v. LOWES MOORE, Defendant, and WOODSTAR LEASING…

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

Date published: Aug 3, 1987

Citations

133 A.D.2d 67 (N.Y. App. Div. 1987)

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