Simon v. Massapequa General Hospital

Appellate Division of the Supreme Court of New York

Simon v. Massapequa General Hospital

167 A.D.2d 533, 562 N.Y.S.2d 948, 1990 N.Y. App. Div. LEXIS 14262

Appellate Division of the Supreme Court of the State of New York·Decided November 26, 1990·Published·Cited by 4 cases

Opinion

In an action to recover damages for medical malpractice and wrongful death, etc., the defendant third-party plaintiff appeals from an order of the Supreme Court, Nassau County (McCabe, J.), dated May 19, 1989, which denied his motion to compel the third-party defendant to answer enumerated questions posed to him at an examination before trial.

Ordered that the appeal is dismissed, with costs.

"An order denying a motion to compel a witness to answer questions propounded at an examination before trial is akin to a ruling made in the course of the examination itself and as such is not appealable as of right (see, Sainz v New York City Health & Hosps. Corp., 106 AD2d 500; Roberts v Modica, 102 AD2d 886; Aronofsky v Marine Park Chiropractic Center, 81 [534] AD2d 570)” (Ewell v Moore, 133 AD2d 67). Nor are we inclined to grant leave to parties who have taken it upon themselves to perfect an appeal without having applied to this court for leave to appeal. Thompson, J. P., Brown, Kunzeman and Eiber, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover damages for medical malpractice and wrongful death, etc., the defendant third-party plaintiff appeals from an order of the Supreme Court, Nassau County (McCabe, J.), dated May 19, 1989, which denied his motion to compel the third-party defendant to answer enumerated questions posed to him at an examination before trial.

Ordered that the appeal is dismissed, with costs.

"An order denying a motion to compel a witness to answer questions propounded at an examination before trial is akin to a ruling made in the course of the examination itself and as such is not appealable as of right (see, Sainz v New York City Health & Hosps. Corp., 106 AD2d 500; Roberts v Modica, 102 AD2d 886; Aronofsky v Marine Park Chiropractic Center, 81 [534] AD2d 570)” (Ewell v Moore, 133 AD2d 67). Nor are we inclined to grant leave to parties who have taken it upon themselves to perfect an appeal without having applied to this court for leave to appeal. Thompson, J. P., Brown, Kunzeman and Eiber, JJ., concur.

Simon v. Massapequa General Hospital, 167 A.D.2d 533, 562 N.Y.S.2d 948, 1990 N.Y. App. Div. LEXIS 14262 (N.Y. Ct. App. 1990).

Pincite

167 A.D.2d 533 (Simon v. Massapequa General Hospital) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related