June 23, 2020

Appellate practice.

The general rule is that an evidentiary ruling made before trial is reviewable only in connection with an appeal from the judgment rendered after trial. There is an exception if the evidence is so central to the proponent's case that its exclusion is the functional equivalent of summary judgment. Here, without the proposed evidence purporting to establish a causal link between defendant's alleged departure from accepted practice and plaintiff's permanent condition, the malpractice claim fails. The order is appealable because it limits the scope of issues for trial.

Knafo v. Mount Sinai Hosp., NY Slip Op 03462 (1st Dep't June 18, 2020)

Here is the decision.