Esposito v. Podolsky

In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Richmond County (Minardo, J.), dated September 19, 2011, as denied their motion pursuant to CPLR 3126 to dismiss the complaint, or, in the alternative, to preclude the plaintiff from testifying at trial or arbitration on the issue of damages and, sua sponte, in effect, increased the cap on damages set in the parties’ arbitration agreement from $50,000 to $250,000.

Ordered that on the Court’s own motion, the notice of appeal from so much of the…