Rott v. Negev, LLC

Judgment, Supreme Court, New York County (Jeffrey K. Oing, J.), entered December 29, 2010, after a jury trial, awarding plaintiff a total of $139,270.75, and bringing up for review an order, same court (Carol R. Edmead, J), dated October 25, 2010, to the extent it dismissed plaintiffs claim for lost rent, unanimously affirmed, without costs.

Contrary to Negev, LLC’s position, the subject ruling is appealable, as the in limine order dismissing plaintiffs claim for lost rental income did not “merely determine[ ] the admissibility of evidence,” it “limit[ed] the scope of issues to be tried”…