Winograd v Price

2005 NY Slip Op 06674

Decided on September 12, 2005

Appellate Division, Second Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 12, 2005
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
SONDRA MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
2003-09742






Bruce G. Clark & Associates, P.C., New York, N.Y. (Peter L.
Gale and Kenneth J. Wahl of counsel), for appellants.
Rende Ryan & Downes, P.C., White Plains, N.Y. (Roland T.
Koke of counsel), for respondents
David A. Price, Amnon Fein, Robert
M. Hecht, and Ramapo Valley
Ob/Gyn, P.C.
Hiscock & Barclay, LLP, Buffalo, N.Y. (Dennis R. McCoy
and Stephanie Williams Torres of
counsel), and Wilson, Elser,
Moskowitz, Edelman & Dicker, White
Plains, N.Y. (Alan Friedberg of
counsel), for respondents Quest
Diagnostics Incorporated and Robin
Scott (one brief filed).

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" (Chateau Rive Corp. v Enclave Dev. Assoc., 283 AD2d 537, quoting Cotgreave v Public Adm'r of Imperial County, 91 AD2d 600, 601; see Curtis v Fishkill Allsport Fitness & Raquetball Club, 2 AD3d 768; Farmer v Nostrand Ave. Meat & Poultry, 289 AD2d 439).
S. MILLER, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court