Appellate Division of the Supreme Court of New York, 1982

Cotgreave v. Public Administrator of Imperial County (Cal.)

Appellate Division of the Supreme Court of New York · Decided December 6, 1982

91 A.D.2d 600; 456 N.Y.S.2d 432; 1982 N.Y. App. Div. LEXIS 19443

Cases that cite this one

44 later published cases cite this decision. The 25 that cite it most often are listed here.

Scalp & Blade, Inc. v. Advest, Inc. (Appellate Division of the Supreme Court of New York 2003)
Maguire v. Rebaglia (Appellate Division of the Supreme Court of New York 1996)
Atsaves v. El Caribe Caterers, LLC (Appellate Division of the Supreme Court of New York 2026)
Kalbacher v. George (Appellate Division of the Supreme Court of New York 2025)
Credendino v. State of New York (Appellate Division of the Supreme Court of New York 2022)
Bennett v. State Farm Fire & Cas. Co. (Appellate Division of the Supreme Court of New York 2020)
Diller Ex Rel. Trelles v. Munzer (Appellate Division of the Supreme Court of New York 2016)
THOME, JASON v. BENCHMARK MAIN TRANSIT ASSOCIATES (Appellate Division of the Supreme Court of New York 2015)
Thome v. Benchmark Main Transit Associates, LLC (Appellate Division of the Supreme Court of New York 2015)
Thome v. Benchmark Main Transit Associates, LLC (Appellate Division of the Supreme Court of New York 2015)
Turner v. State of New York (Appellate Division of the Supreme Court of New York 2014)
Elliott v. Guervil (Appellate Division of the Supreme Court of New York 2012)
Elliott v. Guervil (Appellate Division of the Supreme Court of New York 2012)
Swezey v. Montague Rehab & Pain Management (Appellate Division of the Supreme Court of New York 2011)
Lyons v. Lyons (Appellate Division of the Supreme Court of New York 2011)
Boeke v. Our Lady of Pompei School (Appellate Division of the Supreme Court of New York 2010)
Cortez v. Northeast Realty Holdings, LLC (Appellate Division of the Supreme Court of New York 2010)
Rosenfeld v. Baker (Appellate Division of the Supreme Court of New York 2010)
Booth v. Ameriquest Mortgage Co. (Appellate Division of the Supreme Court of New York 2009)
Marilyn C.Y. v. Mark N.Y. (Appellate Division of the Supreme Court of New York 2009)
Barnes v. Paulin (Appellate Division of the Supreme Court of New York 2008)
Winograd v. Price (Appellate Division of the Supreme Court of New York 2005)
Lewin v. County of SufFolk (Appellate Division of the Supreme Court of New York 2002)
Chateau Rive Corp. v. Enclave Development Associates (Appellate Division of the Supreme Court of New York 2001)
Vesperman v. Wormser (Appellate Division of the Supreme Court of New York 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

— In 10 medical malpractice actions, defendant Public Administrator of Imperial County, California, as administrator of the estate of Moses Ashkenazy, appeals (1) from an order of the Supreme Court, Suffolk County (Orgera, J.), dated October 9, 1981, which, inter alia, denied his motion to prohibit the plaintiffs in Action *601No. 1 from introducing certain evidence at trial, and (2) as limited by his brief, from so much of a further order of the same court (McCarthy, J.), dated March 24, 1982, as, upon denying plaintiffs’ motion for an order consolidating the 10 actions for trial, did so with leave to renew. Appeal from the order dated October 9, 1981, dismissed. No appeal lies from an order adjudicating in advance of trial the admissibility of evidence. Order dated March 24, 1982, affirmed insofar as appealed from. Plaintiffs are awarded one bill of $50 costs and disbursements. It is axiomatic that an evidentiary ruling made during the course of trial is not separately appealable (see Kopstein v City of New York, 87 AD2d 547; Matter of Skyliner Diner Corp. v Board of Assessors of County of Nassau, 45 AD2d 712; see, also, Northern Operating Corp. v Anopol, 30 AD2d 690). Somewhat similarly, it is our belief that an identical ruling made in advance of trial on motion papers constitutes, at best, an advisory opinion which is neither appealable as of right - nor by permission (CPLR 5701; cf. Rockwood Nat. Corp. v Peat, Marwick, Mitchell & Co., 59 AD2d 573 [order entered upon a complete record, directing a party to answer specific questions propounded at an examination before trial held appealable by permission pursuant to CPLR 5701, subd (c)]). Reed u County of Schoharie (51 AD2d 499) is distinguishable on its facts, as the appeal in that case was taken from an order denying the defendants’ motion, inter alia, to strike certain allegations of the complaint (cf. CPLR 5701, subd [b], par 3). Alberino v Long Is. Jewish-Hillside Med. Center (87 AD 2d 217) is likewise distinguishable, as the principal matter in question there concerned a substantive issue of vital importance, i.e., the right of an infant to maintain a cause of action for the wrongful death of his natural parent, notwithstanding her subsequent adoption. Furthermore, since in the instant case Special Term did not abuse its discretion in declining, during the pendency of the appeal from the order dated October 9, 1981 (now dismissed), to pass upon the merits of the motion to consolidate these actions, the order which, inter alia, denied consolidation without prejudice to renewal should be affirmed insofar as appealed from. Mangano, J. P., Gibbons and Niehoff, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.