Moghtaderi v Apis Capital Advisors, LLC |
2025 NY Slip Op 00402 [234 AD3d 616] |
January 28, 2025 |
Appellate Division, First Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
Kamran Moghtaderi, Appellant, v Apis Capital Advisors, LLC, et al., Respondents. |
The DeIorio Law Group, PLLC, Rye Brook (Donna M. Mazza of counsel), for appellant.
Arkin Solbakken LLP, New York (Deana Davidian of counsel), for respondents.
Appeal from order, Supreme Court, New York County (Melissa A. Crane, J.), entered February 1, 2024, which granted defendants' motion to preclude the testimony of plaintiff's expert, unanimously dismissed, without costs, as taken from a nonappealable order.
The order is an evidentiary ruling from which no intermediate appeal lies (Rivera v New York Health & Hosps. Corp. [Bellevue Hosp. Ctr. & Gouverneur Diagnostic & Treatment Ctr.], 38 AD3d 476, 476 [1st Dept 2007]). In addition, since the initial briefing on the appeal, a final judgment has been entered, which moots the appeal from this intermediate order (see Matter of Aho, 39 NY2d 241, 248 [1976]; Adebanjo v Johnson, 231 AD3d 658, 659 [1st Dept 2024]). Concur—Webber, J.P., Friedman, Scarpulla, Rosado, O'Neill Levy, JJ.