Part II continues the examination of orders deciding in limine motions.

Orders for a ‘Frye’ Hearing

Generally, “no appeal lies from an order that denies a motion seeking a Frye hearing concerning proposed expert testimony.” Piorkowski v. Hosp. for Special Surgery, 116 A.D.3d 560, 560-61 (1st Dep’t 2014); Thornhill v. Degen, 185 A.D.3d 982 (2d Dep’t 2020). Such a ruling is, at best, an advisory opinion. Gonzalez v. Arya, 140 A.D.3d 925 (2d Dep’t 2016). Similarly, an order denying a motion to direct a witness to submit to a Frye hearing is, “at best, an advisory opinion which is neither appealable as of right nor by permission.” See also Fontana v. Larosa, 74 A.D.3d 1016 (2d Dep’t 2010).

Order From a Motion To Permit or Preclude Expert Testimony

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]