Aberbach-Marolda v. Cherner

Summary

The Appellate Division, Second Department dismissed the defendant's appeal from an order denying discovery-related relief in an action involving alleged breach of contract. The court held that the examination-before-trial ruling was not appealable as of right and that the right to directly appeal the remaining portions terminated upon entry of judgment; the issues were reviewable on appeal from the judgment.

Holdings

1. An order portion that effectively seeks rulings concerning an examination before trial is not appealable as of right.
2. The right to a direct appeal from the remaining portions of the interlocutory order terminates upon entry of judgment in the action, although the issues may be reviewed on appeal from the judgment.

Questions Presented

1. Whether the portions of the order concerning an examination before trial were appealable as of right.
2. Whether the defendant retained a direct right to appeal the remaining portions of the interlocutory order after entry of judgment in the action.

Disposition

dismissed