Hadai v. All American Power Tools, Inc.

Appellate Division of the Supreme Court of New York

Hadai v. All American Power Tools, Inc.

207 A.D.2d 752, 616 N.Y.S.2d 963

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 29, 1994

StatusPublished

This text of 207 A.D.2d 752 (Hadai v. All American Power Tools, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hadai v. All American Power Tools, Inc., 207 A.D.2d 752, 616 N.Y.S.2d 963 (N.Y. Ct. App. 1994).

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Opinion

—Order, Supreme Court, New York County (Karla Moskowitz, J.), entered on or about April 23, 1992, which granted defendant-respon[753]*753dent Stihl’s motion for an order precluding defendant-appellant All American from offering evidence at trial unless All American complied with Stihl’s discovery demands within thirty days of the date of decision, unanimously affirmed, without costs. Appeal from order of said court and Justice entered July 2, 1992, which denied All American’s motion to resettle, unanimously dismissed as nonappealable, without costs.

An order denying a motion to resettle is nonappealable (Matter of Balboa Ins. Co. [Herbin], 50 AD2d 526), and thus defendant All American’s appeal from the July 1992 order is dismissed.

All American’s argument that the conditional preclusion order has been satisfied is not properly before this Court since the IAS Court has not yet considered it. There is no support in the record for All American’s contention that the order contemplates total evidentiary preclusion or that the necessary factual prerequisite therefor is insurmountable in this case, and we do not reach this contention. Concur—Ellerin, J. P., Ross, Asch, Rubin and Williams, JJ.

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—Order, Supreme Court, New York County (Karla Moskowitz, J.), entered on or about April 23, 1992, which granted defendant-respon[753]*753dent Stihl’s motion for an order precluding defendant-appellant All American from offering evidence at trial unless All American complied with Stihl’s discovery demands within thirty days of the date of decision, unanimously affirmed, without costs. Appeal from order of said court and Justice entered July 2, 1992, which denied All American’s motion to resettle, unanimously dismissed as nonappealable, without costs.

An order denying a motion to resettle is nonappealable (Matter of Balboa Ins. Co. [Herbin], 50 AD2d 526), and thus defendant All American’s appeal from the July 1992 order is dismissed.

All American’s argument that the conditional preclusion order has been satisfied is not properly before this Court since the IAS Court has not yet considered it. There is no support in the record for All American’s contention that the order contemplates total evidentiary preclusion or that the necessary factual prerequisite therefor is insurmountable in this case, and we do not reach this contention. Concur—Ellerin, J. P., Ross, Asch, Rubin and Williams, JJ.

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Bluebook (online)

207 A.D.2d 752, 616 N.Y.S.2d 963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hadai-v-all-american-power-tools-inc-nyappdiv-1994.

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