Hadai v. All American Power Tools, Inc.

Full title: KARAMCHAND HADAI, Plaintiff, v. ALL AMERICAN POWER TOOLS, INC., Appellant…

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

Date published: Sep 29, 1994

207 A.D.2d 752 (N.Y. App. Div. 1994)

616 N.Y.S.2d 963

Opinion

September 29, 1994

Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).

An order denying a motion to resettle is nonappealable (Matter of Balboa Ins. Co. [Herbin], 50 A.D.2d 526), and thus defendant All American's appeal from the July 1992 order is dismissed.

All American's argument that the conditional preclusion order has been satisfied is not properly before this Court since the IAS Court has not yet considered it. There is no support in the record for All American's contention that the order contemplates total evidentiary preclusion or that the necessary factual prerequisite therefor is insurmountable in this case, and we do not reach this contention.

Concur — Ellerin, J.P., Ross, Asch, Rubin and Williams, JJ.