Igor G. Konstantinov v Mtlr Corp., Mehadrin Dairy Corp., & Joel Daskal
Motion No: 2020-00854 KC
Slip Opinion No: 2022 NY Slip Op 60343(U)
Decided on January 5, 2022
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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th Judicial Districts

THOMAS P. ALIOTTA, P.J.

MICHELLE WESTON

DONNA-MARIE E. GOLIA, JJ.

DECISION & ORDER ON MOTION

2020-854 K C
Igor G. Konstantinov, Respondent, v MTLR Corp., Mehadrin Dairy Corp., and Joel Daskal, Appellants.

Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 2, 2019.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and the appeal is dismissed.

This appeal from an intermediate order concerns an evidentiary ruling which although made in advance of trial and on motion papers, is not appealable, either as of right or by permission (see, Diller v Munzer, 141 AD3d 630 [2d Dept. 2016]; Swezey v Montague Rehab & Pain Management, PC, 84 AD3d 779 [2d Dept. 2011]; Boeke v Our Lady of Pompei School, 73 AD3d 825 [2d Dept. 2010]).

ENTER:

Paul Kenny

Chief Clerk