NEW YORK BUS OPERATORS COMPENSATION TRUST v. NETWORK ADJUSTERS INC (2025)

DECISION & ORDER

In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Elizabeth H. Emerson, J.), dated October 12, 2022.  The order granted the defendant's motion to preclude the plaintiff from introducing the expert testimony of a certain witness.

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

The Supreme Court's determination granting the defendant's motion to preclude the plaintiff from introducing the expert testimony of a certain witness constituted an evidentiary ruling (see Thornhill v. Degen, 185 AD3d 982, 983).  “Such a ruling, even when made in advance of trial on motion papers, constitutes, at best, an advisory opinion, which is not appealable, either as of right or by permission” (id. [internal quotation marks omitted];  see Washington v. Todd, 210 AD3d 822, 822–823;  Diller v. Munzer, 141 AD3d 630, 630–631;  Citlak v. Nassau County Med. Ctr., 37 AD3d 640).  Accordingly, the appeal must be dismissed.

CHAMBERS, J.P., FORD, TAYLOR and LOVE, JJ., concur.