SHYER v. SHYER

Index No. 651109/18. Appeal No. 15985-15985A. Case Nos. 2022-00634, 2022-00639.

205 A.D.3d 565 (2022)

166 N.Y.S.3d 528

2022 NY Slip Op 03338

Catherine Shyer, Respondent, v. Christopher Shyer et al., Defendants, and Zyloware Corporation, Appellant.

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

Decided May 19, 2022.


Attorney(s) appearing for the Case

Kennedy Berg LLP, New York ( James W. Kennedy of counsel), for appellant.

Pillsbury Winthrop Shaw Pittman LLP, New York ( David G. Keyko of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, Kern, Shulman, JJ.


The evidentiary rulings challenged by defendant are the "functional equivalent" of rulings on a partial summary judgment motion determining the scope of issues to be tried, and thus involve the merits of the controversy. As a result, the rulings affect a substantial right and are directly appealable before any trial order or judgment (see Knafo v Mount Sinai Hosp., 184 A.D.3d 478, 478-479 [1st Dept 2020]; Rott v Negev, LLC, 102 A.D.3d 522

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