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FARMER v. NOSTRAND AVENUE MEAT AND POULTRY

289 A.D.2d 439 (2001)

735 N.Y.S.2d 425

LILLIAN FARMER, Appellant, v. NOSTRAND AVENUE MEAT AND POULTRY, Defendant, and FRED LANE, Respondent.

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

Decided December 24, 2001.

Ordered that the appeal is dismissed, with costs to the respondent.

The order appealed from is an evidentiary ruling. 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; see, Chateau Rive Corp. v Enclave Dev. Assocs.,

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