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Trinity Preserv., L.P. v Roman
2015 NY Slip Op 50142(U) [46 Misc 3d 140(A)]
Decided on February 20, 2015
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 20, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Hunter, Jr., J.P., Shulman, Ling-Cohan, JJ.
14-440

Trinity Preservation, L.P., Petitioner-Landlord-Appellant, -

against

Anthony Roman, Respondent-Tenant-Respondent, - and - Christopher Roman, Respondent-Tenant, - and - Sharon Chin, Tony Smalls, "John Doe" and/or "Jane Doe" Respondents-Undertenants.


Landlord purports to appeal from an order of the Civil Court of the City of New York, Bronx County (Brenda S. Spears, J.), dated August 12, 2013, which granted the first-named tenant's motion to strike certain police testimony elicited at the trial of a holdover summary proceeding.

Per Curiam.

Appeal from order (Brenda S. Spears, J.), dated August 12, 2013, dismissed, without costs, as nonappealable.

The petitioner-landlord's appeal, ostensibly taken from an order striking certain police testimony elicited at trial as violative of the sealing provisions of CPL 160.50, must be dismissed. An evidentiary ruling, even one made on motion papers, is generally reviewable only in connection with an appeal from a judgment rendered after trial (see Rodriguez v Ford Motor Co., 17 AD3d 159, 160 [2005]; Balcom v Reither, 77 AD3d 863 [2010]). In any event, were the issue properly before us, we would find no abuse of discretion in the court's evidentiary ruling, since the police witness refreshed her recollection by reviewing documents she should not have possessed (see generally Matter of 53rd St. Rest. Corp. v New York State Liq. Auth., 220 AD2d 588 [1995]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


I concur I concur I concur


Decision Date: February 20, 2015