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WINOGRAD v. PRICE
Appellate Division of the Supreme Court of New York, Second Department.
Sep 12, 2005
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Ordered that the appeal is dismissed, without costs or disbursements.
The order appealed from is an evidentiary ruling. 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" ( Chateau Rive Corp. v. Enclave Dev. Assoc., 283 AD2d 537, quoting Cotgreave v. Public Adm'r of Imperial County, 91 AD2d 600, 601; see Curtis v. Fishkill Allsport Fitness Racquetball Club, 2 AD3d 768; Farmer v. Nostrand Ave. Meat Poultry, 289 AD2d 439).
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