Seward Park Hous. Corp.. v. Greater N.Y. Mut. Ins. Co.
| Decision Date | 11 February 2010 |
| Citation | 896 N.Y.S.2d 8,2010 N.Y. Slip Op. 01057,70 A.D.3d 468 |
| Parties | SEWARD PARK HOUSING CORPORATION, Plaintiff–Respondent,v.GREATER NEW YORK MUTUAL INSURANCE COMPANY, Defendant–Appellant. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Thomas D. Hughes, New York, for appellant.Anderson & Ochs, LLP, New York (Mitchel H. Ochs of counsel), for respondent.MAZZARELLI, J.P., ACOSTA, RENWICK, FREEDMAN, JJ.
Appeal from order, Supreme Court, New York County (Louis B. York, J.), entered July 27, 2009, to the extent it granted plaintiff's motion to preclude the testimony of defendant's proposed expert witness concerning the reasonableness of plaintiff's reconstruction delays and how long the project should have taken to complete, unanimously dismissed, with costs.
An evidentiary ruling made before trial is generally reviewable only in connection with an appeal from a judgment rendered after trial; there is no discrete appeal from the order granting plaintiff's motion to preclude portions of the proposed expert's testimony ( see Santos v. Nicolas, 65 A.D.3d 941, 885 N.Y.S.2d 202 [2009] ). The proposed testimony does not clearly involve the merits of the controversy or a substantial right ( cf. Matter of City of New York v. Mobil Oil Corp., 12 A.D.3d 77, 80–81, 783...
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Table of cases
...N.Y.S.2d 699 (2d Dept. 1997), § 16:45, 16:117 TABLE OF CASES — C-47 Seward Park Housing Corporation v. Greater New York Mutual Ins. Co., 70 A.D.3d 468 (1st Dept. 2010), § 1:305 Shafran v. St. Vincent’s Hospital Medical Center, 264 A.D.2d 553, 694 N.Y.S.2d 642 (1st Dept. 1999), § 6:60 Shainw......
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Table of cases
...215 A.D.2d 643, 627 N.Y.S.2d 699 (2d Dept. 1997), § 16:45, 16:117 Seward Park Housing Corporation v. Greater New York Mutual Ins. Co., 70 A.D.3d 468 (1st Dept. 2010), § 1:305 Shafran v. St. Vincent’s Hospital Medical Center, 264 A.D.2d 553, 694 N.Y.S.2d 642 (1st Dept. 1999), § 6:60 Shainwal......
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...rulings on the admissibility of evidence are not appealable. Seward Park Housing Corporation v. Greater New York Mutual Ins. Co. , 70 A.D.3d 468 (1st Dept. 2010); Santos v. Nicolas , 65 A.D.3d 941, 885 N.Y.S.2d 202(1st Dept. 2009); Innovative Transmission & Engine Co., LLC v. Massaro, 63 A.......
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Objections & related procedures
...rulings on the admissibility of evidence are not appealable. Seward Park Housing Corporation v. Greater New York Mutual Ins. Co. , 70 A.D.3d 468 (1st Dept. 2010); Santos v. Nicolas , 65 A.D.3d 941, 885 N.Y.S.2d 202(1st Dept. 2009); Innovative Transmission & Engine Co., LLC v. Massaro, 63 A.......