An order denying a motion to compel a witness to answer questions propounded at an examination before trial is similar to a ruling made in the course of the examination itself, and is not appealable as of right, even where it was made upon a full record and on the plaintiffs' motion to compel responses. Neither is an order granting a motion for a protective order precluding certain questioning of a witness at a deposition appealable as of right. Here, the plaintiffs sought leave to appeal after their appeal was perfected. Leave is denied.
Martino v. Jae Ho Lee, NY Slip Op 03915 (2d Dep't July 26, 2023)
