Legal Opinion
Smith v. Konica Business Machines, USA, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 7, 1996PublishedCited by 6 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (O’Brien, J.), dated November 20, 1995, which denied its motion to compel the plaintiff Sylvester Smith to appear for a further examination before trial.
Ordered that the appeal is dismissed, with costs.
The instant appeal is, in effect, from an order determining an application to review objections raised at an examination before trial. Such an order is not appealable as a matter of right (see, Lachowski v Lehrer McGovern Bovis, 220 AD2d 390; Scalone v Phelps…
2Cases cited4 opinions
- Sainz v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Scalone v. Phelps Memorial Hospital CenterAppellate Division of the Supreme Court of the State of New York · 1992
- Stoller v. Moo Young JunAppellate Division of the Supreme Court of the State of New York · 1986
- Lachowski v. Lehrer McGovern Bovis, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
3Cited by6 opinions
- Robinson v. Pediatric Associates of Irwin AvenueAppellate Division of the Supreme Court of the State of New York · 2003
- McGuire v. ZarlengoAppellate Division of the Supreme Court of the State of New York · 1998
- Cross Bay Contracting Corp. v. Town of Islip Resource Recovery AgencyAppellate Division of the Supreme Court of the State of New York · 1997
- Werner v. Icon Health & Fitness, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Doe v. East Ramapo Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1999
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