At issue is an Order which precludes defendants American University of Antigua and American Union of Antigua from participating in the damages trial, and, sub silentio, denied their motion in limine to enforce a prior evidentiary preclusion order against plaintiffs and their motion to preclude certain damages. The Order is appealable, because it decided a motion made on notice to enforce the preclusion order, and denied defendants' right to participate in the damages trial, thereby involving the merits of the controversy and affecting a substantial right, pursuant to CPLR 5701 [a] [2] [iv], [v].
Jeffers v. American Univ. of Antigua, NY Slip Op 03528 (1st Dep't June 3, 2021)
