Appellate Division of the Supreme Court of New York, 1995

Cruz v. Roman Catholic Church for Most Holy Trinity

Appellate Division of the Supreme Court of New York · Decided December 4, 1995

222 A.D.2d 395; 635 N.Y.S.2d 44; 1995 N.Y. App. Div. LEXIS 12607

Cases that cite this one

7 later published cases cite this decision.

Aberbach-Marolda v. Cherner (Appellate Division of the Supreme Court of New York 2026)
Aberbach-Marolda v. Cherner (Appellate Division of the Supreme Court of New York 2026)
Bassi v. Carbonell (Appellate Division of the Supreme Court of New York 2000)
Strain v. Strain (Appellate Division of the Supreme Court of New York 1999)
Doe v. East Ramapo Central School District (Appellate Division of the Supreme Court of New York 1999)
King v. Salvation Army (Appellate Division of the Supreme Court of New York 1997)
Huggins v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 1996)

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 an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Vinik, J.), dated June 24, 1994, which denied its motion for a further examination before trial of the plaintiff.

Ordered that the appeal is dismissed, without costs or disbursements.

The defendant’s motion for a further deposition of the plaintiff concerning questions objected to at his examination *396before trial was, in effect, an application seeking rulings on an examination before trial (see, Jackson v St. John’s Episcopal Hosp., 220 AD2d 484; Scott v Vassar Bros. Hosp., 133 AD2d 76; Sainz v New York City Health & Hosps. Corp., 106 AD2d 500). This Court has repeatedly held that an order made upon an application to review objections raised at an examination before trial is not appealable as of right (see, e.g., Jackson v St. John’s Episcopal Hosp., supra; Simon v Massapequa Gen. Hosp., 167 AD2d 533; Scott v Vassar Bros. Hosp., supra), and we decline to grant the defendant leave to appeal. Sullivan, J. P., Thompson, Krausman and Florio, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.