Brennan v. Mabey's Moving & Storage Inc.

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before MERCURE; YESAWICH; MERCURE
• Citation: Brennan v. Mabey's Moving & Storage Inc., 640 N.Y.S.2d 686, 226 A.D.2d 938 (N.Y. App. Div. 1996)
• Decision Date: 18 April 1996
• Parties: John P. BRENNAN et al., Respondents, v. MABEY'S MOVING & STORAGE INC., Appellant. (And Two Third-Party Actions.)

Page 686

640 N.Y.S.2d 686

226 A.D.2d 938

John P. BRENNAN et al., Respondents, v. MABEY'S MOVING & STORAGE INC., Appellant (And Two Third-Party Actions.)

Supreme Court, Appellate Division Third Department.

April 18, 1996.

Taylor, Schimpf, Matalavage (Megan Maureen Brown, of counsel), Albany, for appellant.

Kingsley and Towne P.C. (John P. Kingsley, of counsel), Catskill, for respondents.

Before MERCURE, J.P., and CREW, CASEY, YESAWICH and SPAIN, JJ.

YESAWICH, Justice.

Appeal from an order of the Supreme Court (Cobb, J.), entered December 27, 1994 in Greene County, which denied defendant's motion to limit the proof on the issue of damages.

On June 28, 1990, plaintiff John P. Brennan (hereinafter plaintiff) allegedly sustained physical injury to his arm and debilitating psychological sequelae, as a result of being pinned for approximately one hour by a motorized gate located on defendant's premises. Plaintiff assertedly began having nightmares and other symptoms of emotional distress several months after the accident. In March 1991, he was diagnosed as suffering from delayed onset posttraumatic stress disorder. He avers, in his supplemental bills of particulars, that his psychological problems increased significantly when he learned that a similar accident had occurred in June 1991, in which a 12-year-old girl, to whom he was not related, was trapped and fatally injured by the same gate. Defendant's motion in limine to preclude plaintiff from eliciting any proof of this aggravation of his injuries was denied, prompting this appeal.

The appeal must be dismissed, for no appeal lies from the grant or denial of a pretrial ruling on the admissibility of evidence (see, Hargrave v. Presher, 221...