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PELLEGRINO v. NEW YORK CITY TRANSIT AUTH.

141 A.D.2d 709 (1988)

John Pellegrino et al., Plaintiffs, v. New York City Transit Authority, Defendant and Third-Party Plaintiff-Respondent. Railroad Maintenance Corporation, Inc., et al., Third-Party Defendants-Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 20, 1988

Ordered that the appeal is dismissed, without costs or disbursements.

The order appealed from is an evidentiary ruling. This court has previously held that such a ruling, even when made "in advance of trial on motion papers constitutes, at best, an advisory opinion which is neither appealable as of right nor by permission" (Cotgreave v Public Adm'r of Imperial County, 91 A.D.2d 600, 601;

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