July 6, 2011

Examinations before trial.

Practice point: No appeal as of right lies from an order determining an application to review rulings made at an examination before trial.
Student note: Similarly, the denial of a protective order preventing the further examination of a witness is not appealable as of right, since that is in the nature of an order on application to review objections raised at an examination before trial.
Braverman v. Bendiner & Schlesinger, Inc., NY Slip Op 05645 (2d Dept. 2011).
Tomorrow's issue is attorney malpractice.