Curtis v. Fishkill Allsport Fitness & Racquetball Club, Inc.
Cases that cite this one
5 later published cases cite this decision.
- Leon Petroleum, LLC v. Carl S. Levine & Associates, P.C. (Appellate Division of the Supreme Court of New York 2014)
- Finger v. 162 Grand St. Realty, LLC (Appellate Division of the Supreme Court of New York 2020)
- 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)
- Winograd v. Price (Appellate Division of the Supreme Court of New York 2005)
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 appeals from an order of the Supreme Court, Dutchess County (Tolbert, J.), dated March 14, 2003, which granted the defendant’s motion in limine to preclude him from introducing testimony of a certain nonparty witness at trial.
Ordered that the appeal is dismissed, without costs or disbursements.
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” (Chateau Rive Corp. v Enclave Dev. Assoc., 283 AD2d 537 [2001]). Florio, J.P., Krausman, Luciano, Townes and Rivera, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.