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Pellegrino v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, Second Department
Jun 20, 1988
141 A.D.2d 709 (N.Y. App. Div. 1988)

Opinion

June 20, 1988

Appeal from the Supreme Court, Kings County (Rader, J.).


Ordered that the appeal is dismissed, without costs or disbursements.

The order appealed from is an evidentiary ruling. This court has previously held that such a ruling, even when made "in advance of trial on motion papers constitutes, at best, an advisory opinion which is neither appealable as of right nor by permission" (Cotgreave v Public Adm'r of Imperial County, 91 A.D.2d 600, 601; see also, Mauro v Village of Freeport, 113 A.D.2d 876). Brown, J.P., Lawrence, Weinstein and Balletta, JJ., concur.


Summaries of

Pellegrino v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, Second Department
Jun 20, 1988
141 A.D.2d 709 (N.Y. App. Div. 1988)
Case details for

Pellegrino v. New York City Transit Authority

Case Details

Full title:JOHN PELLEGRINO et al., Plaintiffs, v. NEW YORK CITY TRANSIT AUTHORITY…

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

Date published: Jun 20, 1988

Citations

141 A.D.2d 709 (N.Y. App. Div. 1988)