ROTT v. NEGEV, LLC

110168/05, 9027.

2013 NY Slip Op 00269

GITTA ROTT, Plaintiff-Appellant-Respondent, v. NEGEV, LLC, Defendant-Respondent, HAGIVAH, INC., ET AL., Defendants.

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

Decided January 17, 2013.


Attorney(s) appearing for the Case

Duane Morris LLP, New York ( Evangelos Michailidis of counsel), for appellant-respondent.

Kral Clerkin Redmond Ryan Perry & Van Etten LLP, Melville ( Thomas F. Maher of counsel), for respondent.

Before: Mazzarelli, J.P., Andrias, DeGrasse, Richter, Clark, JJ.


Contrary to Negev, LLC's position, the subject ruling is appealable, as the in limine order dismissing plaintiff's claim for lost rental income did not "merely determine[] the admissibility of evidence," it "limit[ed] the scope of issues to be tried" (Parker v Mobil Oil Corp., 16 A.D.3d 648, 650 [2d Dept 2005], affd on other grounds 7 N.Y.3d 434 [2006]). In the absence of a proffer...

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