Opinion
2022-60343 Motion 2020-00854 KC
01-05-2022
Igor G. Konstantinov, Respondent, v. MTLR Corp., Mehadrin Dairy Corp., and Joel Daskal, Appellants.
Unpublished Opinion
MOTION DECISION
THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, DONNA-MARIE E. GOLIA, JJ.
DECISION & ORDER ON MOTION
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 2, 2019.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed.
This appeal from an intermediate order concerns an evidentiary ruling which although made in advance of trial and on motion papers, is not appealable, either as of right or by permission (see, Diller v Munzer, 141 A.D.3d 630 [2d Dept. 2016]; Swezey v Montague Rehab & Pain Management, PC, 84 A.D.3d 779 [2d Dept. 2011]; Boeke v Our Lady of Pompei School, 73 A.D.3d 825 [2d Dept. 2010]).