May 23, 2022

Appellate practice.

The evidentiary rulings challenged by defendant are the functional equivalent of rulings on a partial summary judgment motion determining the scope of issues to be tried, and thus involve the merits of the dispute. As a result, the rulings affect a substantial right and are directly appealable before any trial order or judgment.

Shyer v. Shyer, NY Slip Op 03338 (1st Dep't May 19, 2022)

Here is the decision.