Legal Opinion

Winograd v. Price

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

Decided September 12, 2005PublishedCited by 8 opinions

1Opinion of the Court

In an action to recover damages for medical malpractice, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Rockland County (Weiner, J), dated September 19, 2003, as denied their motion to introduce evidence of lost income at the trial on the issue of damages.

Ordered that the appeal is dismissed, without costs or disbursements.

The order appealed from is an evidentiary ruling. Such a ruling, even when made “in advance of trial on motion papers constitutes, at best, an advisory opinion which is neither appealable as of right nor by permission”…

2Cases cited3 opinions

  1. Cotgreave v. Public Administrator of Imperial County (Cal.)Appellate Division of the Supreme Court of the State of New York · 1982
  2. Curtis v. Fishkill Allsport Fitness & Racquetball Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  3. Farmer v. Nostrand Avenue Meat & PoultryAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by8 opinions

  1. Citlak v. Nassau County Medical CenterAppellate Division of the Supreme Court of the State of New York · 2007
  2. Innovative Transmission & Engine Co., LLC v. MassaroAppellate Division of the Supreme Court of the State of New York · 2009
  3. Angelicola v. Patrick Heating of Mohawk Valley, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  4. Nikel v. 5287 Tr. Rd., LLCAppellate Division of the Supreme Court of the State of New York · 2023
  5. Booth v. Ameriquest Mortgage Co.Appellate Division of the Supreme Court of the State of New York · 2009

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