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ELLIOTT v. GUERVIL

2011-11927.

98 A.D.3d 470 (2012)

948 N.Y.S.2d 916

2012 NY Slip Op 5798

JENNIFER ELLIOTT, Respondent, v. JOSEPH R. GUERVIL, Appellant, et al., Defendants.

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

Decided August 1, 2012.

Ordered that the appeal is dismissed, with costs.

The appeal must be dismissed because it concerns an evidentiary ruling which, even when "made in advance of trial on motion papers ... is neither appealable as of right nor by permission" (Cotgreave v Public Adm'r of Imperial County [Cal.], 91 A.D.2d 600, 601 [1982]; see CPLR 5701; Matter of Lyons v Lyons, 86 A.D.3d 569, 570...

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