Legal Opinion

Neils v. Darmochwal

Appellate Division of the Supreme Court of the State of New York

Decided April 19, 2004PublishedCited by 6 opinions

1Opinion of the Court

In an action to recover damages for podiatric malpractice, etc., the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County (Dillon, J.), entered October 1, 2003, which, upon a prior order of the same court dated January 3, 2003, granted the motion of the defendant Vanessa Darmochwal to preclude them from offering certain expert testimony at the trial and dismissed the complaint.

Ordered that the notice of appeal from the order dated January 3, 2003, is deemed a premature notice of appeal from the order and judgment (see CFLR 5520 [c]); and it is further,

2Cases cited3 opinions

  1. Baden v. D.L. Peterson TrustAppellate Division of the Supreme Court of the State of New York · 1993
  2. Markey v. EisemanAppellate Division of the Supreme Court of the State of New York · 1985
  3. Berson v. ChowdhuryAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by6 opinions

  1. Shichman v. YasmerAppellate Division of the Supreme Court of the State of New York · 2010
  2. Hughes v. WebbAppellate Division of the Supreme Court of the State of New York · 2007
  3. Diarassouba v. UrbanAppellate Division of the Supreme Court of the State of New York · 2005
  4. Swezey v. Montague Rehab & Pain ManagementAppellate Division of the Supreme Court of the State of New York · 2011
  5. Rabasco v. Buckheit & Whelan, P.C.Appellate Division of the Supreme Court of the State of New York · 2022

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