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JEFFERS v. AMERICAN UNIV. OF ANTIGUA

Index No. 153386/12. Appeal No. 12768N. Case No. 2019-4867.

190 A.D.3d 419 (2021)

140 N.Y.S.3d 197

2021 NY Slip Op 00016

Rahman Ishmael Jeffers et al., Plaintiffs, and Carla Benjamin et al., Respondents, v. American University of Antigua et al., Appellants, et al., Defendant.

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

Decided January 5, 2021.

Attorney(s) appearing for the Case

Cowan, Liebowitz & Latman, P.C., New York ( J. Christopher Jensen , of counsel), for appellants.

Jaime Andrew Schreck, P.C., New York ( Jaime A. Schreck of counsel), for respondents.

Concur—Renwick, J.P., Gische, Kern, Oing, Mendez, JJ.

As a threshold matter, the order is appealable, because it decided a motion made on notice to enforce the preclusion order, and denied defendants' right to participate in the damages trial, thereby involving the merits of the controversy and affecting a substantial right (CPLR 5701[a][2][iv], [v]; see Rondout Elec. v Dover Union Free School Dist., 304 A.D.2d 808, 810 [2d Dept 2003]; Credit Suisse First Boston v Utrecht-America...

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