Practice point: An order denying a motion to preclude testimony of plaintiff's expert witness or to direct that witness to submit to a Frye hearing is an evidentiary ruling and an advisory opinion.
Students should note that the order is not appealable, either as of right or by leave.
Case: Fontana v. LaRosa, NY Slip Op 05357 (2d Dept. 2010)
Here is the opinion.
Tomorrow's issue: Employment Law.
