Pocchia v. Motahedeh

Full title: NETTA POCCHIA et al., Respondents, v. FARAJOLAH MOTAHEDEH, Appellant

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

Date published: Oct 30, 1989

154 A.D.2d 662 (N.Y. App. Div. 1989)

546 N.Y.S.2d 662

Opinion

October 30, 1989

Appeal from the Supreme Court, Kings County (Bellard, J.).

Ordered that the appeal is dismissed, with costs.

The trial court ruled that evidence of all of the plaintiffs' theories of medical malpractice would be admissible at the retrial of this action (see, Pocchia v Motahedeh, 123 A.D.2d 426). It is well settled that no appeal lies from an order adjudicating in advance of trial the admissibility of evidence (CPLR 5701; Menis v Raksin, 154 A.D.2d 357; Pellegrino v New York City Tr. Auth., 141 A.D.2d 709). Accordingly, the appeal is dismissed. Brown, J.P., Lawrence, Eiber and Spatt, JJ., concur.