Ward v City of New York
2024 NY Slip Op 02001 [226 AD3d 493]
April 11, 2024
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 5, 2024


[*1]
 Jane Ward, Appellant,
v
City of New York et al., Respondents, et al., Defendants.

G. Wesley Simpson PC, Brooklyn (G. Wesley Simpson of counsel), for appellant.

Appeal from order, Supreme Court, New York County (George J. Silver, J.), entered March 23, 2021, which, in this action for medical malpractice, denied plaintiff's motion for a further deposition of defendants Ming Tsai, M.D. and Judith Bautista, M.D., unanimously dismissed, without costs.

Rulings directed to an examination before trial, whether made upon motion papers or not, are not appealable as of right (see Tommy Hilfiger U.S.A. v Insurance Co. of N. Am., 239 AD2d 255 [1st Dept 1997]). Furthermore, we decline to consider plaintiff's notice of appeal as an application for leave to appeal (CPLR 5701 [c]). Concur—Gesmer, J.P., Shulman, Higgitt, Rosado, JJ.

Motion to dismiss the appeal, granted.