| Art of Healing Medicine, P.C. As Assignee of Adrian Pascual v Chubb Indem. Ins. Co. |
| Motion No: 2013-01466 KC |
| Slip Opinion No: 2015 NY Slip Op 83593(U) |
| Decided on August 20, 2015 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Art of Healing Medicine, P.C. as Assignee of Adrian Pascual, Respondent, v Chubb Indemnity Insurance Company, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered March 13, 2013. The order denied appellant's motion to strike the complaint "solely to the extent that the issues of preclusion of [respondent's] evidence shall be decided at the time of trial."
On the court's own motion, it is
ORDERED that the appeal is dismissed, as an order that does not ultimately determine a motion does not affect a substantial right and thus is not appealable as of right (see John Eric Jacoby, M.D., P.C. v Loper Assoc., 249 AD2d 277 [1998]; Drucker v Universal Trimming Co., 284 App Div 1042 [1954]).
ENTER:
Paul Kenny
Chief Clerk