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JAVIER CARABALLO et al., Appellants, v. NEW YORK HOSPITAL et al., Defendants, and VINCENT JAMES et al., Respondents.

The courts of this State have repeatedly held that an order on an application to review objections raised at an examination before trial is not appealable as of right (Sainz v New York City Health Hosps. Corp., 106 A.D.2d 500). Here, plaintiffs' motion for a further examination before trial was, in effect, an application seeking rulings on an examination before trial.

Were we to consider plaintiffs' contentions, we would find that the ruling challenged by the plaintiffs, denying further discovery, was a proper exercise of the trial court's discretion (Hirschfeld v Hirschfeld, 69 N.Y.2d 842, 844).

Concur — Sullivan, J.P., Carro, Kupferman, Ross and Rubin, JJ.

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CARABALLO v. NEW YORK HOSPITAL
(Feb 5, 1991)