Caraballo v. New York Hospital

Full title: JAVIER CARABALLO et al., Appellants, v. NEW YORK HOSPITAL et al.…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 5, 1991

170 A.D.2d 190 (N.Y. App. Div. 1991)

565 N.Y.S.2d 89

Opinion

February 5, 1991

Appeal from the Supreme Court, Bronx County (Barry Salman, J.).

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.