Farmer v. Nostrand Avenue Meat & Poultry
Cases that cite this one
4 later published cases cite this decision.
- Farmer v. Nostrand Avenue Meat & Poultry (Appellate Division of the Supreme Court of New York 2007)
- Winograd v. Price (Appellate Division of the Supreme Court of New York 2005)
- Farmer v. Nostrand Avenue Meat & Poultry (Appellate Division of the Supreme Court of New York 2004)
- Sepulveda v. Good Samaritan Hospital (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 plaintiff, Lillian Farmer, as administratrix of the estate of Rawle James, appeals from an order of the Supreme Court, Kings County (Jones, J.), entered January 12, 2001, which granted the motion of the defendant Fred Lane to preclude her from reading into the record at trial any portion of an examination before trial of the decedent, Rawle James.
Ordered that the appeal is dismissed, with costs to the respondent.
The order appealed from is an evidentiary ruling. Such a ruling, even when made “in advance of trial on motion papers constitutes, at best, an advisory opinion which is neither appealable as of right nor by permission” (Cotgreave v Public Adm’r of Imperial County, 91 AD2d 600, 601; see, Chateau Rive Corp. v Enclave Dev. Assocs., 283 AD2d 537; Savarese v City of New York Hous. Auth., 172 AD2d 506; Pellegrino v New York City Tr. Auth., 141 AD2d 709). O’Brien, J. P., S. Miller, McGinity, Schmidt and Townes, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.