Appellate Division of the Supreme Court of New York, 2001

Cirillo v. Cremonese

Appellate Division of the Supreme Court of New York · Decided May 29, 2001

283 A.D.2d 601; 725 N.Y.S.2d 554; 2001 N.Y. App. Div. LEXIS 5519

Cases that cite this one

2 later published cases cite this decision.

Smith v. Triple-O Mech., Inc. (Appellate Division of the Supreme Court of New York 2024)
Illions v. Allstate Insurance (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 an action to recover damages *602for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kangs County (Hall, J.), dated August 31, 2000, as held their motion for partial summary judgment on the issue of liability in abeyance pending in camera inspection of the defendant’s witnesses’ affidavits in unredacted form and submission of an affirmation of the defendant’s counsel explaining the need to protect the identities of the witnesses.

Ordered that the appeal is dismissed, with costs.

The provision of the order from which the appeal is taken did not decide the plaintiffs’ motion for partial summary judgment, but left it pending and undecided. Accordingly, no appeal lies as of right from that portion of the order (see, CPLR 5701 [a] [2]; Nikac v Rukaj, 276 AD2d 537; Katz v Katz, 68 AD2d 536, 543), and we decline to grant leave to appeal. Gold-stein, J. P., Friedmann, Feuerstein and Crane, JJ., concur.

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