| New York Bus Operators Compensation Trust v Network Adjusters, Inc. |
| 2025 NY Slip Op 04579 [241 AD3d 571] |
| August 6, 2025 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| New York Bus Operators Compensation Trust,
Appellant, v Network Adjusters, Inc., Respondent. |
Barbiero Bisch O'Connor & Commander LLP, Melville, NY (Anthony V. Barbiero of counsel), for appellant.
Morris Duffy Alonso Faley & Pitcoff, New York, NY (Robert S. Whitbeck, Iryna S. Krauchanka, and Kevin G. Faley of counsel), for respondent.
Appeal
- Matters Appealable
- Preclusion of Expert Testimony was Evidentiary Ruling Which Constituted at Best
Advisory Opinion Not Appealable Either as of Right or by Permission
In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Elizabeth H. Emerson, J.), dated October 12, 2022. The order granted the defendant's motion to preclude the plaintiff from introducing the expert testimony of a certain witness.
Ordered that the appeal is dismissed, without costs or disbursements.
The Supreme Court's determination granting the defendant's motion to preclude the plaintiff from introducing the expert testimony of a certain witness constituted an evidentiary ruling (see Thornhill v Degen, 185 AD3d 982, 983 [2020]). "Such a ruling, even when made in advance of trial on motion papers, constitutes, at best, an advisory opinion, which is not appealable, either as of right or by permission" (id. [internal quotation marks omitted]; see Washington v Todd, 210 AD3d 822, 822-823 [2022]; Diller v Munzer, 141 AD3d 630, 630-631 [2016]; Citlak v Nassau County Med. Ctr., 37 AD3d 640 [2007]). Accordingly, the appeal must be dismissed. Chambers, J.P., Ford, Taylor and Love, JJ., concur.