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Simon v. Massapequa General Hospital

Appellate Division of the Supreme Court of New York, Second Department
Nov 26, 1990
167 A.D.2d 533 (N.Y. App. Div. 1990)

Opinion

November 26, 1990

Appeal from the Supreme Court, Nassau County (McCabe, J.).


Ordered that the appeal is dismissed, with costs.

"An order denying a motion to compel a witness to answer questions propounded at an examination before trial is akin to a ruling made in the course of the examination itself and as such is not appealable as of right (see, Sainz v. New York City Health Hosps. Corp., 106 A.D.2d 500; Roberts v. Modica, 102 A.D.2d 886; Aronofsky v. Marine Park Chiropractic Center, 81 A.D.2d 570)" (Ewell v. Moore, 133 A.D.2d 67). Nor are we inclined to grant leave to parties who have taken it upon themselves to perfect an appeal without having applied to this court for leave to appeal. Thompson, J.P., Brown, Kunzeman and Eiber, JJ., concur.


Summaries of

Simon v. Massapequa General Hospital

Appellate Division of the Supreme Court of New York, Second Department
Nov 26, 1990
167 A.D.2d 533 (N.Y. App. Div. 1990)
Case details for

Simon v. Massapequa General Hospital

Case Details

Full title:JOSEPH L. SIMON, Individually and as Administrator of the Estate of…

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

Date published: Nov 26, 1990

Citations

167 A.D.2d 533 (N.Y. App. Div. 1990)

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