The nonappealability of evidentiary rulings and orders from in limine motions, even when made on notice, are exceptions to the general rule regarding appeals as of right as set forth in CPLR 5701(a)(2). Notably, this exception has its own exceptions.

The General Rule

CPLR 5701(a)(2) states, in pertinent part, that an appeal may be taken as of right from an order provided two conditions are met: that the motion "was made upon notice and" also satisfies one of eight enumerated categories. Categories (iv) ("involves some part of the merits" and (v) ("affects a substantial right") are most common. The Practice Commentaries, Richard C. Reilly, state: "Item [v] especially, which makes an order appealable if it merely 'affects a substantial right,' can probably absorb most of the other entries on the list, and do the job alone."

Evidentiary and In Limine Rulings

"Generally, the function of a motion in limine is to permit a party to obtain a preliminary order before or during trial excluding the introduction of anticipated inadmissible, immaterial, or prejudicial evidence or limiting its use. Its purpose is to prevent the introduction of such evidence to the trier of fact, most[ly] a jury." State v. Metz, 241 A.D.2d 192, 198 (1st Dep't 1998). "There is no requirement that an in limine motion be made in writing and be in accordance with CPLR 2214." Wilkinson v. British Airways, 292 A.D.2d 263 (1st Dep't 2002).