SCULLY-WEINMULLER v. GIGANTE

2018-05317. Index No. 602106/16.

167 A.D.3d 961 (2018)

88 N.Y.S.3d 355

2018 NY Slip Op 08706

Susan Scully-Weinmuller, Respondent, v. Joseph Gigante et al., Defendants, and Donald Krieff et al., Appellants.

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

Decided December 19, 2018.


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

The appeal must be dismissed because no appeal lies as of right from a portion of an order that does not decide a motion made on notice, and we decline to grant leave to appeal therefrom (see CPLR 5701 [a] [2]). To the extent that the appellants raise the issue of whether certain documents sought by the plaintiff in discovery were privileged, and, thus, not subject to disclosure, that issue...

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