MOGHTADERI v. APIS CAPITAL ADVISORS LLC (2025)

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

Kamran MOGHTADERI, Plaintiff–Appellant, v. APIS CAPITAL ADVISORS, LLC, et al., Defendants–Respondents.

3587

Decided: January 28, 2025

Webber, J.P., Friedman, Scarpulla, Rosado, O'Neill Levy, JJ.

The DeIorio Law Group, PLLC, Rye Brook (Donna M. Mazza of counsel), for appellant. Arkin Solbakken LLP, New York (Deana Davidian of counsel), for respondents.

Appeal from order, Supreme Court, New York County (Melissa A. Crane, J.), entered February 1, 2024, which granted defendants’ motion to preclude the testimony of plaintiff's expert, unanimously dismissed, without costs, as taken from a nonappealable order.

The order is an evidentiary ruling from which no intermediate appeal lies (Rivera v. New York Health & Hosps. Corp. [Bellevue Hosp. Ctr. & Gouverneur Diagnostic & Treatment Ctr.], 38 A.D.3d 476, 476, 832 N.Y.S.2d 563 [1st Dept. 2007]). In addition, since the initial briefing on the appeal, a final judgment has been entered, which moots the appeal from this intermediate order (see Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647 [1976]; Adebanjo v. Johnson, 231 A.D.3d 658, 659, 219 N.Y.S.3d 332 [2024]).

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