Legal Opinion
Simon v. Massapequa General Hospital
Appellate Division of the Supreme Court of the State of New York
Decided November 26, 1990PublishedCited by 4 opinions
1Opinion of the Court
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…
2Cases cited4 opinions
- Sainz v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Roberts v. ModicaAppellate Division of the Supreme Court of the State of New York · 1984
- Ewell v. MooreAppellate Division of the Supreme Court of the State of New York · 1987
- Aronofsky v. Marine Park Chiropractic CenterAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by4 opinions
- Bolos v. Staten Island HospitalAppellate Division of the Supreme Court of the State of New York · 1995
- Cruz v. Roman Catholic Church for Most Holy TrinityAppellate Division of the Supreme Court of the State of New York · 1995
- Greenspan v. East Nassau Medical GroupAppellate Division of the Supreme Court of the State of New York · 1994
- Hawkins v. LucierAppellate Division of the Supreme Court of the State of New York · 1998