Kogler v. Nassau County Medical Center
Cases that cite this one
2 later published cases cite this decision.
- D'Agnese v. Spinelli (Appellate Division of the Supreme Court of New York 2003)
- Rosen v. Swarzman (Appellate Division of the Supreme Court of New York 2002)
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 defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (DeMaro, J.) dated December 6, 2000, as, in effect, held their motion to dismiss the complaint in abeyance and directed a hearing to determine whether the plaintiff lacked the mental capacity to commence the action.
Ordered that the appeal is dismissed, with costs.
An order which directs a judicial hearing to aid in the disposition of a motion is not appealable as of right, since it does not affect a substantial right (see, CPLR 5701 [a] [2] [v]; Marine Midland Bank v Rashid, 259 AD2d 739; Matter of Town of
Case-law data current through December 31, 2025. Source: CourtListener bulk data.