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UNITED STATES FIDELITY & GUARANTY COMPANY v. AMERICAN RE-INSURANCE COMPANY

16028N, 604517/02.

132 A.D.3d 604 (2015)

19 N.Y.S.3d 505

2015 NY Slip Op 07924

UNITED STATES FIDELITY & GUARANTY COMPANY et al., Respondents, v. AMERICAN RE-INSURANCE COMPANY et al., Appellants, et al., Defendants.

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

Decided October 29, 2015.

While plaintiffs are correct that evidentiary rulings made before trial are ordinarily reviewable only on appeal from the posttrial judgment, the ruling on appeal is an exception, since the trial court did not merely determine the admissibility of evidence but also limited the issues to be tried (see Rivera v New York Health & Hosps. Corp. [Bellevue Hosp. Ctr. & Gouverneur Diagnostic & Treatment Ctr.], 38 A.D.3d 476 ...

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