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CURTIS v. FISHKILL ALLSPORT FIT. RACQUETBALL
Appellate Division of the Supreme Court of New York, Second Department.
Dec 29, 2003
DECISION ORDER
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. Assocs., 283 A.D.2d 537).
FLORIO, J.P., KRAUSMAN, LUCIANO, TOWNES and RIVERA, JJ., concur.
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