Piorkowski v Hospital for Special Surgery
2014 NY Slip Op 02672 [116 AD3d 560]
April 17, 2014
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 28, 2014


Robert Piorkowski et al., Respondents,
v
Hospital for Special Surgery et al., Appellants.

[*1] Bartlett McDonough & Monaghan, LLP, Mineola (Bhalinder L. Rikhye of counsel), for appellants.

The Jacob D. Fuchsberg Law Firm, LLP, New York (Joseph Lanni of counsel), for respondents.

Appeal from order, Supreme Court, New York County (Milton Tingling, J.), entered July 25, 2013, which, to the extent appealed from as limited by the briefs, denied defendants' cross motion for a pre-trial hearing, unanimously dismissed, without costs.

An evidentiary ruling made before trial is generally reviewable only in connection with the appeal from the judgment rendered after trial (see Santos v Nicolas, 65 AD3d 941 [1st Dept 2009] Rivera v New York Health & Hosps. Corp. [Bellevue Hosp. Ctr. & Gouverneur Diagnostic & Treatment Ctr.], 38 AD3d 476 [1st Dept 2007]). Accordingly, no appeal lies from the order which denied defendants' motion seeking a Frye hearing (see Frye v United States, 293 F 1013 [DC Cir 1923]) concerning plaintiffs' proposed expert testimony (see Rodriguez v Ford Motor Co., 17 AD3d 159, 160 [1st Dept 2005]). Concur—Friedman, J.P., Sweeny, Andrias, Gische and Clark, JJ.