Opinion
October 2, 1989
Appeal from the Supreme Court, Suffolk County (Luciano, J.).
Ordered that the appeal from so much of the order as made pretrial evidentiary rulings is dismissed, without costs or disbursements; and it is further,
Ordered that the order is affirmed insofar as reviewed, without costs or disbursements.
No appeal lies from an order adjudicating in advance of trial the admissibility of evidence (CPLR 5701; Pellegrino v New York City Tr. Auth., 141 A.D.2d 709; Cotgreave v Public Adm'r of Imperial County, 91 A.D.2d 600).
The Supreme Court did not improvidently exercise its discretion in granting the third-party defendants' motion for a severance (see, Kaufman v Lilly Co., 65 N.Y.2d 449; Shanley v Callanan Indus., 54 N.Y.2d 52). Separate trials will negate any conflict, confusion or prejudice to the parties which might otherwise arise due to the possibility that CPLR 4519, the so-called Dead Man's Statute, will be raised to preclude testimony in the main action but not in the third-party action. Thompson, J.P., Bracken, Kunzeman and Rubin, JJ., concur.