Photo: Shutterstock Appeals From In Limine Orders: Part II
This second part of a two-part article on the appealability of evidentiary rulings and orders from in limine motions continues with in limine motions to preclude or permit expert witnesses, including preclusion applications grounded on inadequate disclosure.
April 23, 2021 at 11:15 AM
15 minute read
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).
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